Disposed

Alaudeen v. State of Kerala

Kerala HC11 Jul 2022WP(C)/13501/2017

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging a Panchayat resolution regarding loss to the State exchequer. Instead of deciding on merits, the petitioner was directed to file an appeal before the first respondent within one month, with the appeal to be disposed of within three months.

What did the court decide?

The petitioner is directed to file an appeal against the impugned resolution within one month. The first respondent is directed to dispose of the appeal within three months.

Alaudeen Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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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.V.KUNHIKRISHNAN
MONDAY, THE 11TH DAY OF JULY 2022 / 20TH ASHADHA, 1944
WP(C) NO. 13501 OF 2017

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PETITIONER:

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ALAUDEEN
AGED 53 YEARS
S/O KHALID, AGED 53 YEARS,
KAROOKUNNEL, K.S PURAM P.O.
KARUNAGAPILLY, KOLLAM- 690 544
BY ADVS.SRI.T.T.MUHAMOOD
SRI.V.E.ABDUL GAFOOR
SRI.JAYENDRAN KOCHOTH
SRI.A.MOHAMMED SAVAD
SRI.C.Y.VINOD KUMAR

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RESPONDENTS:

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1 STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM- 695 004

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2 DIRECTOR OF PANCHAYATS PUBLIC OFFICE BUILDING,THIRUVANANTHAPURAM- 695 014

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3 THE DPUTY DIRECTOR OF PANCHAYAT KOLLAM- 691013

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4KULASEKHARAPURAM GRAMA PANCHAYAT
KULASEKHARAPURAM, ADINADU NORTH P.O.
KARUNAGAPPALLY, KOLLAM- 690 544
REP. BY SECRETARY
5RAJAN, S/O DAMODARAN, MATTATHU, ADINADU NORTH
P.O.KARUNAGAPPALLY, KOLLAM- 690 518
BY ADVS.SMT.VIDYA KURIAKOSE, GP
GOVERNMENT PLEADER
SRI.S.K.ADHITHYAN
SRI.P.MOHANDAS ERNAKULAM
SMT.RENY ANTO
DR.K.P.SATHEESAN SR.
SRI.K.SIJU
SRI.K.SUDHINKUMAR
SRI.S.VIBHEESHANAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C).No.13501/2017

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P.V.KUNHIKRISHNAN, J.

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W.P.(C).No.13501 of 2017

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Dated this the 11^th day of July, 2022

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JUDGMENT

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This writ petition is filed with following prayers:

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i. A writ of certiorari or any other appropriate writ order or direction quashing Exhibit:P13 resolution.

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ii. A writ of mandamus or any other appropriate writ order or direction, directing the respondents 1 to 4 to realize the amount of loss suffered to the state exchequer by implementing Exhibit:P8.

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iii. Pass such other writ, order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.

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The main challenge in this writ petition is against

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Ext.P13 resolution passed by a Panchayat. The same is appealable as per Section 191 of the Kerala Panchayat Raj Act. If that is the case, the petitioner is free to file an appeal against Ext.P13. Since this writ petition is pending before this Court from 11.04.2017, the limitation, if any, will be condoned

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W.P.(C).No.13501/2017

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by the Government if an appeal is filed within a time frame fixed by this Court.

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Therefore, this writ petition is disposed of in the following manner:

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The petitioner is free to challenge Ext.P13 resolution by filing an appeal before the 1^st respondent within a period of one month from the date of receipt of a copy of this judgment.

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Once such an appeal is received, the 1^st respondent will consider the same and pass appropriate orders in it, as expeditiously as possible, at any rate, within three months from the date of receipt of the appeal.

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All the contentions raised in this writ petition are left open.

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If the appeal is filed as directed above, the 1^st respondent will not insist about the limitation while considering the appeal.

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sd/- P.V.KUNHIKRISHNAN JUDGE

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W.P.(C).No.13501/2017

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APPENDIX OF WP(C) 13501/2017

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`PETITIONER EXHI` `EXHIBITP1`	`BITS` `TRUE COPY OF THE LETTER ISSUED BY SMT.` `SEEN V. DEPUTY DIRECTOR OF` `AGRICULTURAL, KOLLAM TO THE SECRETARY` `GRAMA PANCHAYAT`
`EXHIBIT P2`	`TRUE COPY OF THE LETTER NO.KBK-21/15-` `16 DATED 11-1-2016 ISSUED BY THE` `AGRICULTURAL OFFICER KRISHIBHAVAN` `KULASEKHARAPURAM TO THE SECRETARY` `KULASEKHARAPURAM GRAMA PANCHAYAT`
`EXHIBIT P3`	`TRUE COPY OF THE LETTER NO.C3-10596/15` `DATED 3-2-2016 ISSUED BY THE DEPUTY` `DIRECTOR OF PANCHAYAT KOLLAM TO THE` `SECRETARY KULASEKHARAPURAM` `GRAMAPANCHAYAT`
`EXHIBITP4`	`TRUE COPY OF THE EXTRACT F THE` `DECISION TAKEN IN THE PANCHAYAT` `COMMITTEE MEETING HELD ON 8-2-2016`
`EXHIBIT P5`	`TRUE COPY OF THE NOTICE NO.K2/7950/15` `DATED 11-2-2016 ISSUED BY THE` `SECRETARY GRAMA PANCHAYAT TO THE 5TH` `RESPONDENT`
`EXHIBIT P6`	`TRUE COPY OF THE LETTER NO.C3-10596/15` `DATED 5-4-2016`
`EXHIBITP7`	`TRUE COPY OF THE EXTRACT OF THE` `DECISION TAKEN ON 25-5-2016 IN THE` `PANCHAYAT COMMITTEE MEETING`
`EXHIBIT P8`	`TRUE COPY OF THE PROCEEDING NO.K2` `7950/15 DATED 30-5-2016 ISSUED BY THE` `SECRETARY KULASEKHARAPURAM` `GRAMAPANCHAYAT`
`EXHIBITP9`	`TRUE COPY OF THE REPRESENTATIOND ATED` `20-06-2016 SUBMITTED BY THE 5TH` `RESPONDENT TO THE SECRETARY` `GRAMAPANCHAYAT`
`EXHIBIT P10`	`TRUE COPY OF THE REPORT SUBMITTED BY` `THE DYSP VIGILANCE AND ANTI CORRUPTION` `BUREAU , KOLLAM`
`EXHIBIT P11`	`TRUE COPY OF THE RESOLUTION PASSED BY` `THE COMMITTEE ON 13-2-2017`

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W.P.(C).No.13501/2017

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EXHIBITP12TRUE COPY OF THE EXTRACT OF MEETING
NOTICE BOOK ON 8-2-2017
EXHIBITP13TRUE COPY OF THE RESOLUTION PASSED BY
THE COMMITTEE ON 13-20-2017
RESPONDENTS’ EXHIBITS
EXT.R4(A)COPY OF THE JUDGMENT DATED 14.12.2016
IN WPC 31174/2016

Alaudeen v. State of Kerala

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Alaudeen v. State of Kerala

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