Dismissed

Shanoj v. Kaiparambu Grama Panchayat

Kerala HC8 Dec 2020WP(C)/26841/2020

Case brief

AI extract

What is this about?

The Court held that the impugned communication is appealable under Section 276(4) of the Kerala Panchayat Raj Act, 1994. Finding an alternative remedy available and not challenged as inefficacious, the writ petition was dismissed. Petitioners were relegated to the statutory remedy.

What did the court decide?

Petition dismissed; petitioners relegated to the statutory remedy under Section 276(4) of the Kerala Panchayat Raj Act, 1994.

Shanoj Vs Kaiparambu Grama Panchayat — Writ and Judicial Review | 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 P.B.SURESH KUMAR

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TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942

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WP(C).No.26841 OF 2020(E)

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PETITIONERS:

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1 SHANOJ AGED 38 YEARS S/O ANTONY, RESIDING AT PAZHOOKARAN, OLLUKKARA, THRISSUR-680 655.

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2 SMISHA, AGED 37 YEARS W/O SHANOJ, RESIDING AT PAZHOOKARAN, OLLUKKARA, THRISSUR-680 655.

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BY ADVS. SRI.K.T.BOSCO SRI.V.N.HARIDAS SMT.SIBY.P.JOSE

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RESPONDENTS:

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1 KAIPARAMBU GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYAT OFFICE, KAIPARAMBU, THRISSUR-680 541.

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2 THE SECRETARY, GRAMA PANCHAYAT OFFICE, KAIPARAMBU, THRISSUR-680 541.

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3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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BY ADVS. SRI.K.J.MANURAJ, GP SRI.P.C.SASIDHARAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.26841 OF 2020(E)

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W.P.(C) No.26841 of 2020

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J U D G M E N T

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Ext.P5 communication of the second respondent which is under challenge in the writ petition is appealable before the Tribunal for Local Self Government Institutions under Section 276(4) of the Kerala Panchayat Raj Act, 1994.

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In the light of the said alternative remedy available to the petitioners, and in the absence of any case for the petitioners that the said alternative remedy is not efficacious, the writ petition is disposed of relegating the petitioners to avail the said remedy for redressal of the grievance voiced in the writ petition.

Sd/-

P.B.SURESH KUMAR

JUDGE

WP(C).No.26841 OF 2020(E)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF SALE DEED NO 707/1/2012 DATED 22.2.2012
EXHIBIT P2	TRUE COPY OF TAX RECEIPT DATED 2.6.2020
EXHIBIT P3	TRUE COPY OF DISABILITY CERTIFICATE DATED 27.10.2020
EXHIBIT P4	TRUE COPY OF RECEIPT ISSUED BY RESPONDENT DATED 24.7.2020
EXHIBIT P5	TRUE COPY OF THE ORDER PASSED BY SECOND RESPONDENT, DATED 30.10.2020

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//TRUE COPY// PA TO JUDGE

Shanoj v. Kaiparambu Grama Panchayat

Case brief

What is this about?

What did the court decide?

Shanoj v. Kaiparambu Grama Panchayat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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