Dismissed

Soman C.G. v. the Secretary, Kozhencherry Grama Panchayat

Kerala HC13 Aug 2020WP(C)/24657/2013

Case brief

AI extract

What is this about?

Writ petition seeking mandamus to complete a Panchayat road for resident access was disposed of. The court observed that the 2nd respondent submitted the road construction had been completed and disposed of the petition accordingly.

What did the court decide?

Petition disposed of after the court recorded the respondent's submission that the road construction was completed.

Soman C.G. Vs the Secretary, Kozhencherry Grama Panchayat — Landlord and Tenant | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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THURSDAY, THE 13TH DAY OF AUGUST 2020 / 22ND SRAVANA, 1942

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WP(C).No.24657 OF 2013(F)

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PETITIONER/S:

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SOMAN C.G., AGED 40 YEARS S/O.GOPALAN, CHARIVUKALAYIL, KOZHENCHERRY EAST, KOZHENCHERRY, PATHANAMTHITTA DISTRICT.

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BY ADVS. SRI.SAKIR.K.H. SRI.P.Y.AHAMMED PHYSI

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RESPONDENT/S:

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1 THE SECRETARY, KOZHENCHERRY GRAMA PANCHAYAT KOZHENCHERRY GRAMA PANCHAYAT, KOZHENCHERRY P.O., PATHANAMTHITTA DISTRICT.

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2 THE SECRETARY ELANTHOOR BLOCK PANCHAYAT, PATHANAMTHITTA DISTRICT.

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3 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT.

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R1 BY ADV. SRI.ANOOP.V.NAIR R1 BY ADV. SRI.M.R.JAYAPRASAD R1-2 BY ADV. SRI.JACOB P.ALEX R1 BY ADV. SRI.JOSEPH P.ALEX R1 BY ADV. SRI.P.MOHANDAS ERNAKULAM R1 BY ADV. DR.K.P.SATHEESAN SR. R1 BY ADV. SRI.S.VIBHEESHANAN

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OTHER PRESENT:

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GP -SMT. AMMINIKUTTY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-072020, THE COURT ON 13-08-2020 DELIVERED THE FOLLOWING:

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W.P.(C). No. 24657 of 2013

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JUDGMENT

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The petitioner, who is a resident in Ward No.VI of Kozhencherry Grama Panchayat, near to Purayidathinpady, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent to complete the construction of the Panchayat road (Kurangumala-Chappalpady road) starting from Purayidathinpady to Chappalpady, so as to provide access to the petitioner and other residents of the locality to various places including hospitals. The petitioner has also sought for a writ of mandamus commanding the 1^st respondent to consider and act upon Ext.P4 representation dated 12.09.2013 and to execute/complete the work of the Panchayat Road (Kurangumala-Chappalpady road) starting from Purayidathinpady to Chappalpady, as requested therein, at the earliest and within a definite time frame and also a writ of mandamus commanding the 3^rd respondent to consider and act upon Ext.P6 representation dated 25.09.2013 and to execute/complete the work of the Panchayat Road starting from Purayidathinpady to Chappalpady, as requested therein, at the earliest, within a definite time frame.

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On 08.10.2013, when this writ petition came up for

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W.P.(C). No. 24657 of 2013

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admission, this Court admitted the matter on file and issued notice by speed post to respondents 1 and 2, returnable within two weeks. The learned Government Pleader took notice for the 3^rd respondent.

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A counter affidavit has been filed by the 1^st respondent. Paragraphs 4 and 5 of the said counter affidavit read thus:

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“4. It is humbly submitted that the maintenance of road in proper condition is a primary responsibility of the Panchayat. For the maintenance of the road an estimate of Rs.5,80,000/- is expected. From the development fund as well as road maintenance fund an amount of Rs.3,48,000/- is set apart for maintenance of the road in the budget of this year and the same is approved by the District Planning Committee, Pathanamthitta. The remaining Rs.2,32,000/will be taken from Special Component Plan fund. On getting the concurrence of feasibility from the Scheduled Caste Block Development Officer and on getting the concurrence the project will be completed in the year 2014-2015 for which the President has given approval. The proposal is going to be placed before the next Panchayat Committee meeting.

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The feasibility certificate from the Elanthoor Block Scheduled Caste Development Officer for using the fund for S.C.P., the decision of the Panchayat committee and the approval of the District Planning Committee are required and after obtaining these formalities it is decided to complete the work by the year 2014-2015 itself. As such the grievance of

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-4-

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W.P.(C). No. 24657 of 2013

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the petitioner will be redressed by the year 2014-2015. Panchayat will take appropriate action for completing the work as stated herein above.”

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On 29.06.2020, when this writ petition came up for

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consideration, the learned counsel for respondents 1 and 2 and also the learned Government Pleader were directed to get instructions as to whether the construction/maintenance of the road starting from Kurangumala-Chappalpady has already been completed.

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Today, when this writ petition is taken up for consideration, it is submitted by the learned counsel for the 2^nd respondent Block Panchayat that the construction of the road has already been completed.

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In such circumstances, recording the aforesaid submission made by the learned counsel for the 2^nd respondent, this writ petition is disposed of.

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Sd/ANIL K.NARENDRAN JUDGE

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das

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W.P.(C). No. 24657 of 2013

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 EXHIBIT-P1: TRUE COPY OF THE REPRESENTATION DATED 04.09.2013 SUBMITTED BY THE PETITIONER AND OTHER RESIDENTS OF THE LOCALICTY TO THE 2ND RESPONDENT. EXHIBIT P2 EXHIBIT-P2: TRUE COPY OF THE REPRESENTATION DATED 04.09.2013 SUBMITTED BY THE PETITIONER AND OTHER RESIDENTS OF THE LOCALITY TO THE M.L.A. OF PATHANAMTHITTA. EXHIBIT P3 EXHIBIT-P3: PHOTOGRAPHS SHOWING THE PARTIALLY CONSTRUCTED PANCHAYAT ROAD (KURANGUMALA TO CHAPPALPADY ROAD).

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EXHIBIT P4 EXHIBIT-P4: TRUE COPY OF THE REPRESENTATION DATED 12.9.2013 SUBMITTED BY THE PETITIONER AND OTHER RESIDENTS OF THE LOCALITY TO THE 1ST RESPONDENT.

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EXHIBIT P5 EXHIBIT-P5: TRUE COPY OF THE RECEIPT DATED 26.09.2013 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P6 EXHIBIT-P6: TRUE COPY OF THE REPRESENTATION DATED 25.09.2013 SUBMITTED BY THE PETITIONER AND OTHER RESIDENTS OF THE LOCALITY TO THE 3RD RESPONDENT.

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EXHIBIT P7 EXHIBIT-P7: TRUE COPY OF THE RECEIPT DATED 25.09.2013 ISSUE BY THE 3RD RESPONDENT.

Soman C.G. v. the Secretary, Kozhencherry Grama Panchayat

Case brief

What is this about?

What did the court decide?

Soman C.G. v. the Secretary, Kozhencherry Grama Panchayat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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