The Court held that issuance of the Ministry of Statistics and Programme Implementation circular regarding the release of MPLADS installments redressed the petitioners' grievances, thereby closing the writ petitions.
Writ petitions closed on the decision of the Government to release MPLADS funds.
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 V.G.ARUN
THURSDAY, THE 11TH DAY OF AUGUST 2022 / 20TH SRAVANA, 1944
WP(C) NO. 14718 OF 2020
PETITIONER:
ADV. A. M. ARIFF AGED 56 YEARS S/O. LATE MR. ABDUL MAJEED, MEMBER OF PARLIAMENT (LOK SABHA), ALAPPUZHA RESIDING AT ARUNYAM, THIRUVAMPADY P. O., ALAPUZHA - 688 002.
BY ADVS. B.S.SYAMANTHAK RESMITHA.R.CHANDRAN SRIVIDYA K
RESPONDENTS:
1 THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF STATISTICS AND PROGRAMME IMPLEMENTATION, SARDAR PATEL BHAWAN, SANSAD MARG, NEW DELHI - 110 001.
2 DISTRICT PLANNING OFFICER DISTRICT PLANNING OFFICE, CIVIL STATION, ALAPPUZHA - 688 001.
BY ADVS. P.VIJAYAKUMAR, ASGI P.S.APPU, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2022, ALONG WITH WP(C).17249/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.14718 & 17249 OF 2020
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 11TH DAY OF AUGUST 2022 / 20TH SRAVANA, 1944
WP(C) NO. 17249 OF 2020
PETITIONER:
ADV. P.V. MUHAMMED SHAHID AGED 30 YEARS S/O.HUSSAIN P.V., MEMBER, 18TH WARD, KADALUNDI PANCHAYAT, RESIDING AT PUTHIYAVEETTIL HOUSE, KADALUNDI P.O., KOZHIKODE - 673 302. BY ADVS. B.S.SYAMANTHAK SRM.RESMITHA.R.CHANDRAN SHRI.SRIVIDYA K
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2022, ALONG WITH WP(C).14718/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.14718 & 17249 OF 2020
3
JUDGMENT
Dated this the 11th day of August, 2022
[WP(C) Nos.14718/2020 & 17249/2020]
These writ petitions are filed seeking to quash the
orders suspending the sanctioning of funds from the MPLADS for the financial year 2019-2020.
The writ petitions are closed accordingly.
Sd/-
V.G.ARUN
JUDGE
NB/11-8
WP(C) NO.14718 & 17249 OF 2020
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APPENDIX OF WP(C) 14718/2020
| PETITIONER’S EXHIBITS EXHIBIT P1 |
A TRUE COPY OF 20 | 16 MPLADS GUIDELINES. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF T SUBMITTED BY THE FOR THE FINANCIAL |
HE PROPOSAL DATED 26.11.2019 PETITIONER UNDER MPLADS SCHEME YEAR 2019-2020. |
| EXHIBIT P3 | TRUE COPIES OF SUBMITTED BY THE FOR THE FINANCIAL |
THE PROPOSAL DATED 29.11.2019 PETITIONER UNDER MPLADS SCHEME YEAR 2019-2020. |
| EXHIBIT P4 | TRUE COPIES OF SUBMITTED BY THE FOR THE FINANCIAL |
THE PROPOSAL DATED 20.12.2019 PETITIONER UNDER MPLADS SCHEME YEAR 2019-2020. |
| EXHIBIT P5 | TRUE COPIES OF SUBMITTED BY THE FOR THE FINANCIAL |
THE PROPOSAL DATED 30.12.2019 PETITIONER UNDER MPLADS SCHEME YEAR 2019-2020. |
| EXHIBIT P6 | TRUE COPY OF T SUBMITTED BY THE FOR THE FINANCIAL |
HE PROPOSAL DATED 13.01.2020 PETITIONER UNDER MPLADS SCHEME YEAR 2019-2020. |
| EXHIBIT P7 | TRUE COPIES OF SUBMITTED BY THE FOR THE FINANCIAL |
THE PROPOSAL DATED 27.01.2020 PETITIONER UNDER MPLADS SCHEME YEAR 2019-2020. |
| EXHIBIT P8 | TRUE COPY OF T SUBMITTED BY THE FOR THE FINANCIAL |
HE PROPOSAL DATED 17.02.2020 PETITIONER UNDER MPLADS SCHEME YEAR 2019-2020. |
| EXHIBIT P9 | TRUE COPY OF T SUBMITTED BY THE FOR THE FINANCIAL |
HE PROPOSAL DATED 24.02.2020 PETITIONER UNDER MPLADS SCHEME YEAR 2019-2020. |
| EXHIBIT P10 | TRUE COPIES OF SUBMITTED BY THE FOR THE FINANCIAL |
THE PROPOSAL DATED 03.03.2020 PETITIONER UNDER MPLADS SCHEME YEAR 2019-2020. |
| EXHIBIT P11 | TRUE COPIES OF T SUBMITTED BY THE FOR THE FINANCIAL |
HE PROPOSALS DATED 09.03.2020 PETITIONER UNDER MPLADS SCHEME YEAR 2019-2020. |
| EXHIBIT P12 | TRUE COPY OF T SUBMITTED BY THE FOR THE FINANCIAL |
HE PROPOSAL DATED 16.03.2020 PETITIONER UNDER MPLADS SCHEME YEAR 2019-2020. |
| EXHIBIT P13 | A TRUE COPY OF T IN MATHRUBHUMI PROPOSALS SUBMIT MPLADS SCHEME FOR |
HE NEWS PAPER REPORT APPEARED DAILY WITH RESPECT TO THE TED BY THE PETITIONER UNDER THE FINANCIAL YEAR 2019-2020. |
| EXHIBIT P14 | A TRUE COPY OF T IN DESHABHIMANI PROPOSALS SUBMIT MPLADS SCHEME FOR |
HE NEWS PAPER REPORT APPEARED DAILY WITH RESPECT TO THE TED BY THE PETITIONER UNDER THE FINANCIAL YEAR 2019-2020. |
| EXHIBIT P15 | TRUE COPY OF T SUBMITTED BY THE FOR THE FINANCIAL |
HE PROPOSAL DATED 24.03.2020 PETITIONER UNDER MPLADS SCHEME YEAR 2019-2020. |
| EXHIBIT P16 | TRUE COPY OF T SUBMITTED BY THE FOR THE FINANCIAL |
HE PROPOSAL DATED 02.04.2020 PETITIONER UNDER MPLADS SCHEME YEAR 2019-2020. |
WP(C) NO.14718 & 17249 OF 2020
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| EXHIBIT P17 | A TRUE COP | Y OF THE REPORT OF THE PRESS |
|---|---|---|
| INFORMATION CABINET DECI |
BUREAU DATED 06.04.2020 ON THE SION SUSPENDING MPLADS FUND. |
|
| EXHIBIT P18 | A TRUE COP 07.04.2020 S PRIME MINIST |
Y OF THE REPRESENTATION DATED UBMITTING BY THE PETITIONER TO THE ER. |
| EXHIBIT P19 | A TRUE COPY (PT.II) DATE |
OF CIRCULAR NO.E-4/2020 MPLADS D 08.04.2020. |
| EXHIBIT P20 | A TRUE COPY 4/2020 MPLAD |
OF THE CIRCULAR NUMBERED AS E- S (PT-II) DATED 12.05.2020. |
| EXHIBIT P21 | A TRUE COPY THE MINISTER |
OF THE LETTER DATED 20.05.2020 BY FOR STATE OF THE 1ST MINISTRY. |
| EXHIBIT P22 | TRUE COPY O SUBMITTED BY FOR THE FINA |
F THE PROPOSAL DATED 22.05.2020 THE PETITIONER UNDER MPLADS SCHEME NCIAL YEAR 2019-2020. |
| EXHIBIT P23 | TRUE COPY O SUBMITTED BY FOR THE FINA |
F THE PROPOSAL DATED 11.06.2020 THE PETITIONER UNDER MPLADS SCHEME NCIAL YEAR 2019-2020. |
| EXHIBIT P24 | A TRUE COPY LOK SABHA SP |
OF THE REPRESENTATION SENT TO THE EAKER DATED 09.06.2020. |
| EXHIBIT P25 | A TRUE COPY MINISTER FOR |
OF THE REPRESENTATION SENT TO THE STATE ON 09.06.2020. |
| RESPONDENTS EXHIBITS: | |||
|---|---|---|---|
| ANNEXURE R1(a) | A TRUE COPY MPLADS (PT-II) |
OF THE DATED 0 |
OM CIRCULAR NO.E-4/2020- 8.04.2020 |
| ANNEXURE R1(b) | A TRUE COPY | OF THE | OM NO.12(13)-B(W&M)/2020 |
| DATED 08.04.20 | 20 |
WP(C) NO.14718 & 17249 OF 2020
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APPENDIX OF WP(C) 17249/2020
| PETITIONER’S EXHIBITS EXHIBIT P1 |
PHOTOGRAPH SHOWING WHICH ANGANWADI IS F |
THE PATHETIC CONDITION IN UNCTIONING. |
|---|---|---|
| EXHIBIT P1(A) | PHOTOGRAPH SHOWING WHICH ANGANWADI IS F |
THE PATHETIC CONDITION IN UNCTIONING. |
| EXHIBIT P2 | A TRUE COPY OF THE THE DENIZENZ OF THE |
MINUTES OF THE MEETING OF WARD DATED 21/12/2018. |
| EXHIBIT P3 | A TRUE COPY OF THE MR.A.K.ANTONY, HON (RAJYASABHA). |
REQUEST DATED 10/04/2019 TO 'BLE MEMBER OF PARLIAMENT |
| EXHIBIT P4 | A TRUE COPY OF 2017 | MPLADS GUIDELINES. |
| EXHIBIT P5 | A TRUE COPY OF THE BY MR.A.K.ANTONY, H (RAJYASABHA) TO KOZHIKODE. |
LETTER DATED 29/06/2019 SENT ON'BLE MEMBER OF PARLIAMENT THE DISTRICT COLLECTOR, |
| EXHIBIT P6 | A TRUE COPY OF ASSIGNING AN EXTENT OF LAND TO KADALUNDI |
THE DEED DATED 21/11/2019 OF 1.214 ARES(2.999 CENTS) GRAMA PANCHAYAT. |
| EXHIBIT P7 | A TRUE COPY OF THE RESPECT TO THE PU 27/11/2019. |
PUBLIC NOTICE ISSUED WITH BLIC FUNCTION ORGANIZED ON |
| EXHIBIT P8 | A TRUE COPY OF TH MALAYALA MANORAMA PARK BEING DEVEL PANCHAYATH. |
E NEWS REPORT PUBLISHED IN DAILY ABOUT THIS CHILDREN'S OPED IN KADALUNDI GRAMA |
| EXHIBIT P9 | A PHOTOGRAPH OF TH AFTER THE CONSTRUCTI |
E SITE FOR CHILDREN'S PARK ON OF THE COMPOUND WALL. |
| EXHIBIT P10 | A TRUE COPY OF 01/01/2020 SUBMITTED |
THE REPRESENTATION DATED BY THE PETITIONER TO PWD. |
| EXHIBIT P11 | A TRUE COPY OF THE ANGANWADI BUILDING. |
APPROVED SITE PLAN FOR THE |
| EXHIBIT P12 | A TRUE COPY OF THE DATED 17/02/2020 COLLECTOR, KOZHIKODE |
ORDER NO.11/143/2020/DPL/RO2 PASSED BY THE DISTRICT . |
| EXHIBIT P13 | A TRUE COPY OF THE O | RDER DATED 11/03/2020. |
| EXHIBIT P14 | A TRUE COPY OF INFORMATION BUREAU CABINET DECISION SUS |
THE REPORT OF THE PRESS DATED 06/04/2020 ON THE PENDING MPLADS FUND. |
| EXHIBIT P15 | A TRUE COPY OF C DATED 08/04/2020. |
IRCULAR NO.E-4/2020 MPLADS |
| EXHIBIT P16 | A TRUE COPY OF TH 4/2020 MPLADS (PT-II |
E CIRCULAR NUMBERED AS E- I) DATED 12/05/2020. |
| EXHIBIT P17 | A TRUE COPY OF THE L | ETTER DATED 21/05/2020. |
| EXHIBIT P18 | A TRUE COPY OF 06/08/2020. |
THE REPRESENTATION DATED |
WP(C) NO.14718 & 17249 OF 2020
7
RESPONDENTS EXHIBITS’: ANNEXURE R1
TRUE COPY OF THE ORDER DATED 24.03.2020
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether the petitioners' grievance regarding suspension of MPLADS sanctions stands redressed upon receipt of the Ministry circular.
1 provisions across 1 enactments
A. M. Ariff
Adv. P.V. Muhammed Shahid
The Union of India
District Planning Officer, Alappuzha
District Planning Officer, Kozhikode
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
