Petitioner filed a writ petition seeking a direction to the Karoor Grama Panchayath Secretary to expeditiously consider and decide a complaint alleging encroachment on a road.
Direction to the 2nd respondent to consider and pass orders on Ext.P2 complaint within six weeks.
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 A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
WP(C).No.1600 OF 2021(Y)
PETITIONER/S:
BALAKRISHNAN NAIR, AGED 58 YEARS S/O. PARAMESWARAN NAIR, RESIDING AT SREERAGAM HOUSE, KAROOR P.O., PONADU BHAGAM, LALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT-686574.
BY ADV. SRI.JOSEPH T.JOHN
RESPONDENT/S:
1 KAROOR GRAMA PANCHAYATH REP. BY SECRETARY, KAROOR GRAMA PANCHAYATH OFFICE, KAROOR P.O., KOTTAYAM-686574.
R1-2 BY SHRI.SUNIL CYRIAC, SC,KAROOR G.PANCHAYAT
OTHER PRESENT:
SC: SUNIL CYRIAC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1600 OF 2021(Y)
2
JUDGMENT
The petitioner has preferred Ext.P2 complaint before the 2nd respondent Secretary, alleging encroachment by the 3rd respondent on to a road. The limited prayer in the writ petition is for a direction to the 2nd respondent to consider and pass orders on Ext.P2 complaint expeditiously, after hearing the petitioner and the 3rd respondent.
2.I have heard the learned counsel appearing for the petitioner and also the learned Standing Counsel appearing for the respondents.
On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I dispose the writ petition by directing the 2nd respondent to consider and pass orders on Ext.P2 complaint within an outer time limit of six weeks from the date of receipt of a copy of this judgment, after hearing the petitioner and the 3rd respondent. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 2nd respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
SJ
WP(C).No.1600 OF 2021(Y)
3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION WITH REGARD TO THE PROPERTY IN QUESTION OF ASSET REGISTER ISSUED FROM KAROOR GRAMA PANCHAYATH UNDER THE RIGHT TO INFORMATION ACT DATED 11.1.2021.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 1.1.2021. EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 1.1.2021.
EXHIBIT P4 TRUE COPY OF THE NEWS ITEM PUBLISH IN MALAYALAM MANORAMA DAILY DATED 4.1.2021.
EXHIBIT P5 TRUE COPY OF THE NEWS ITEM PUBLISHED IN MANGALAM DAILY DATED 3.1.2021.
1 issue framed by the court
Whether a direction be issued to the Panchayat Secretary to consider and pass orders on a complaint regarding encroachment on a road.
Balakrishnan Nair
Karoor Grama Panchayath
Secretary, Karoor Grama Panchayath
Venugopalan Nair
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
