Dismissed

Gowri P.G. v. the Poothadi Grama Panchayath

Kerala HC25 Oct 2019WP(C)/9238/2012

Case brief

AI extract

What is this about?

A writ petition was filed to challenge a Panchayath order allowing a demand for payment. The Court found that the order had been rescinded by the Government under the Kerala Panchayat Raj Act, 1994, declaring it infructuous to proceed further. It did not decide about the pension grievance but dismissed the writ based on the Government Order.

What did the court decide?

The writ petition is closed as infructuous due to the Government Order rescinding the orders in question.

Gowri P.G. Vs the Poothadi Grama Panchayath — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 25TH DAY OF OCTOBER 2019 / 3RD KARTHIKA, 1941

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WP(C).No.9238 OF 2012(D)

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PETITIONERS:

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1 GOWRI P.G., AGED 52 YEARS, W/O.VELAYUDHAN, POOKALATH HOUSE, MOODAKOLLY P.O., VAKERY, S.BATHERY

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2 SREEJAYA C., W/O.K.P.MADU, KOLLAMPRAMBIL HOUSE, MOODAKOLLY P.O., VAKAERY, S.BATHERY

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3 MURALEEDHARAN T.S S/O.SANKARAN, THADATHIL, VALAVAYAL P.O., S.BATHERY

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BY ADV. SRI.S.M.PRASANTH

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RESPONDENTS:

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1 THE POOTHADI GRAMA PANCHAYATH, REP.BY ITS SECREATARY, KENICHIRA P.O., WAYANAD-673596

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2 THE DISTRICT COLLECTOR, WAYAND, CIVIL STATION, KALPETTA NORTH, WAYANAD-673004

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BY ADVS.

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R1 BY SRI.M.P.ASHOK KUMAR R1 BY SRI.P.C.GOPINATH R2 BY SRI.N.B.SUNILNATH, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.9238 OF 2012(D)

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JUDGMENT

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This writ petition is filed challenging Exts.P7 and P8 proceedings

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of the Secretary of the 1^st respondent Grama Panchayath.

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When the matter was taken up for hearing the learned

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Government Pleader made available a copy of the Government Order No.G.O.(Rt)No.1519/2018/LSGD dated 04.06.2018. By the said Government Order Ext.P7 order has been rescinded in exercise of the powers of the Government under the Kerala Panchayat Raj Act, 1994.

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In the above view of the matter, I am of the opinion that

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Ext.P8 which makes a demand for payment of the amounts pursuant to

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Ext.P7 also cannot survive.

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Subject to any challenge by the Panchayath as against Government Order dated 04.06.2018, this writ petition is closed as infructuous, taking note of the Government Order.

Sd/-

ANU SIVARAMAN

JUDGE

Skk//011119

WP(C).No.9238 OF 2012(D)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE CERTIFICATE ISSUED BY THE RESPODNENT PANCHAYATH
EXHIBIT P2	TRUE COPY OF THE COMPLAINT DATED 19.10.2009 FILED BY THAMBI
EXHIBIT P3	TRUE COPY OF THE EXPLANATION DATED 26.11.2009 OF RUGMINI.
EXHIBIT P4	TRUE COPY OF THE REPORT OF THE ASSISTANT ENGINEER DATED 01.12.2009
EXHIBIT P5	TRUE COPY OF REPORT OF THE SECRETARY OF THE RESPONDENT DATED 18.12.2009.
EXHIBIT P6	TRUE COPY OF THE RECOMMENDATIONS OF THE JOINT PROGRAM CO-ORDINATOR OF THE 'MGNREGA SCHEME' DATED 28.02.11.
EXHIBIT P7	TRUE COPY OF THE ORDER NO.A1-8085/11 DATED 27.07.2011 OF THE 2ND RESPONDENT
EXHIBIT P8	TRUE COPY OF THE ORDER NO.A1/8085/11 DATED 14.11.2011 OF THE 2ND RESPONDENT.
EXHIBIT P9	TRUE COPY OF THE INTERIM ORDER DATED 06.02.2012 IN WP(C) NO.501 OF 2012.

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RESPONDENTS' EXHIBITS: NIL

Gowri P.G. v. the Poothadi Grama Panchayath

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Gowri P.G. v. the Poothadi Grama Panchayath

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