Writ petition disposed of by setting aside a Panchayath Committee resolution cancelled a grant without prior notice, ordering reconsideration with an opportunity of hearing.
Ext.P5 (decision to cancel grant) set aside to facilitate reconsideration after granting petitioner an opportunity of hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 9TH DAY OF DECEMBER 2016/18TH AGRAHAYANA, 1938
WP(C).No. 20793 of 2016 (Y)
PETITIONER(S):
JOHN KACHAPPALLY, S/O CHACKU, AGED 70 YEARS, ANGAMALY SOUTH P.O., ERNAKULAM.
BY ADVS.SRI.SAIBY JOSE KIDANGOOR SRI.BENNY ANTONY PAREL SMT.S.SIBHA SRI.MATHEWS RAJU SRI.P.M.MOHAMMED SALIH
RESPONDENT(S):
1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THURAVOOR GRAMA PANCHAYAT, REP. BY ITS SECRETARY, THURAVAOOR P.O., ANGAMALY, ERNAKULAM - 683 572.
3. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS SECRETARY, PATTOM P.O., THIRUVANANTHAPURAM - 695 004.
R1 BY GOVERNMENT PLEADER SRI.RENIL ANTO R2 BY ADVS. SRI.ISSAC M.PERUMPILLIL SRI.JIJO PAUL KALLOOKKARAN R3 BY ADV. SRI. T.NAVEEN SC,
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 20793 of 2016 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS
/ TRUE COPY /
P.S. TO JUDGE
PJ
K. VINOD CHANDRAN, J
W.P(C) No. 20793 of 2016 Y
Dated this the 09th day of December, 2016
J U D G M E N T
The petitioner is aggrieved with Ext.P5
decision taken by the Committee of the Panchayath. The primary grievance against Ext.P5 is that the resolution was
taken without notice to the petitioner and without affording an opportunity of hearing. Since the decision taken relates to cancellation of grant already made, the learned Standing Counsel appearing for the 2nd respondent submits on instruction that, the 2nd respondent would hear
the petitioner and pass appropriate orders. In such circumstance, the petitioner shall be present before the Secretary on 16.12.2016 on which date, the Secretary shall
intimate the date of hearing to be conducted by the
WPC.No.20793/2016
: 2 :
Council, within two weeks and the matter shall be
considered and decided within two weeks therefrom.
Ext.P5 is set aside only to facilitate the reconsideration.
Writ petition is disposed of.
Sd/-
jma
(K. VINOD CHANDRAN, JUDGE) //true copy//
P.A to Judge
1 issue framed by the court
Whether a decision by the Panchayath Committee cancelling a grant without notice to the petitioner violates principles of natural justice.
JOHN KACHAPPALLY
THE STATE OF KERALA
THURAVOOR GRAMA PANCHAYAT
KERALA STATE POLLUTION CONTROL BOARD
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
