Single-judge writ petition challenging an order regarding library construction and seeking direction to facilitate its building. The High Court of Kerala found prayers infructuous as administrative sanction under MPLADS was cancelled.
Prayers declared infructuous due to cancellation of administrative sanction; petition dismissed.
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 P.V.KUNHIKRISHNAN
TUESDAY, THE 16TH DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943
WP(C) NO. 5317 OF 2011
PETITIONER:
K.PADMANABHAN, SON OF CHEKKUTTY, RESIDING AT KAIPPATTU HOUSE, IYYADU, UNNIKULLAM, KOZHIKODE DISTRICT. BY ADV SRI.JACOB ABRAHAM
RESPONDENTS:
1 DISTRICT COLLECTOR, KOZHIKODE, CIVIL STATION,, KOZHIKODE-673 2 UNNIKULAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY,, EKARUL, KOZHIKODE-673 587. 3 O.M.SASEENDRAN VAYANA SALA SAMRAKSHANA SAMITHI,, ORIYIL MEETHAL HOUSE, P.O.LIYYADU WEST,, UNNIKULAM, KOZHIKODE-673 587. BY ADVS. GOVERNMENT PLEADER SMT.M.MANJU SRI.K.R.RANJITH SRI.K.P.SUDHEER SRI.R.SUDHISH SMT.M.SINDHU THANKAM
OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.5317/2011
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P.V.KUNHIKRISHNAN, J.
W.P.(C).No.5317 of 2011
Dated this the 16th day of November, 2021
JUDGMENT
This writ petition is filed with following prayers:
W.P.(C).No.5317/2011
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construction work was cancelled. It will be better to extract the contents in Ext.R1(h):
“ Vide order 1st cited, Administrative Sanction for an amount of Rs.5.00 lakhs had been accorded to the Secretary, Unnikulam Grama Panchayat for the implementation of the work "Construction of Library Building of Sangamam Library & Reading Room, West Iyyad, Unnikulam Grama Panchayat" under MPLADS 2008-09 of Shri.MP Veerendrakumar former MP Kozhikode Parliamentary Constituency.
As the case is with Hon'ble High Court and that the same has not yet been started, the review meeting of MPLADS held on 19-07-2011, decided to cancel the above work.
In the above circumstance, the administrative sanction issued for the above work under MPLADS 2008-09 of Shri.MP Veerendrakumar former MP Kozhikode Parliamentary Constituency is hereby cancelled. ”
In the light of Ext.R1(h) order, the prayers in this writ petition are infructuous.
Therefore, this writ petition is dismissed as infructuous.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
JV
W.P.(C).No.5317/2011
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APPENDIX OF WPC 5317/2011
PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE AGREEMENT DATED 06.02.2009 ENTERED INTO BY THE FIRST RESPONDENT AND THE SANGAMAM LIBRARY AND READING ROOM EXHIBIT P2 COPY OF THE ORDER NUMBER 208/0809/DPL/RO1 DATED 7.2.2009 ISSUED BY THE FIRST RESPONDENT EXHIBIT P3 COPY OF HTE LETTER NO.208/0809/DPL/RO1 DATED 17.05.2009 ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT RESPONDENTS' EXHIBITS EXHIBIT R3(A) COPY OF THE PRCEEDINGS OF THE MEETING HELD ON 16.08.2010 EXHIBIT R1(A) COPY OF THE COMPLAINT EXHIBIT R1(B) COPY OF THE MINUTES OF THE MEETING DATED 16.08.2010 EXHIBIT R1(C) COPY OF THE RESOLUTION PASSED BY THE PANCHAYATH EXHIBIT R1(D) COPY OF THE MINUTES OF MEETING DATED 06.01.11 EXHIBIT R1(E) COPY OF LR NO.C.16/2009 MPLADS DATED 08.04.10 OF GOVT. OF INDIA EXHIBIT R1(F) COPY OF LR NO.C/42/2011 MPLADS DATED 10.01.12 OF GOVT. OF INDIA EXHIBIT R1(G) COPY OF THE MINUTES OF HTE REVIEW MEETING DATED 20.10.2011 EXHIBIT R1(H) COPY OF HTE ORDER NO.2085/0809/DPL/R01 DATED 17.11.2011
1 issue framed by the court
Whether the writ appeal is maintainable in light of representation that administrative sanction for library construction was cancelled.
K. Padmanabhan
District Collector, Kozhikode
Unnikulam Grama Panchayath
O.M. Saseendran Vayana Sala Samrakshana Samithi
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
