Disposed

K.K.Ratheesh v. the Principal Secretary to Government

Kerala HC7 Jul 2022WP(C)/1978/2022

Case brief

AI extract

What is this about?

Court issued a direction to the 5th respondent (Aryanad Panchayat) to consider the petitioner's representations and supply sought documents within one month if available. It also directed action by the 1st respondent regarding non-compliance with meeting procedures.

What did the court decide?

5th respondent to consider representations and supply documents within one month if available.

K.K.Ratheesh Vs the Principal Secretary to… — Public Procurement and Tenders | 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

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THURSDAY, THE 7^TH DAY OF JULY 2022 / 16TH ASHADHA, 1944

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WP(C) NO. 1978 OF 2022

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PETITIONER:

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K.K.RATHEESH AGED 47 YEARS S/O KRISHNA PILLAI, 'SHEEJA MANDIRAM,',ERAVOOR, ARYANAD.P.O, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT-695542. BY ADVS. S.SHANAVAS KHAN S.INDU

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RESPONDENTS:

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1 THE PRINCIPAL SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695001. 2 THE DIRECTOR OF PANCHAYATS, DIRECTORATE OF PANCHAYATS, THIRUVANANTHAPURAM-695001. 3 THE DEPUTY DIRECTOR OF PANCHAYAT OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM-695001. 4 THE ARYANAD GRAMA PANCHAYAT, ARYANAD.P.O, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT-695542. 5 THE SECRETARY, ARYANAD GRAMA PANCHAYAT,ARYANAD.P.O, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT-695542. BY ADV K.SHAJ SMT.DEEPA NARAYANAN, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1978 OF 2022

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P.V.KUNHIKRISHNAN, J.

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------------------------------

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W.P.(C).No. 1978 of 2022

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Dated this the 07^th day of July, 2022

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JUDGMENT

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The above writ petition is filed with the following

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prayers:

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“(i) Issue a Writ of mandamus or any other writ, order or direction directing the 5^th respondent to make available the documents sought for in Exts.P1 and P5 forthwith.

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(ii) Issue a Writ of mandamus or any other writ, order or direction directing the 1^st respondent to take action against the 3^rd and 5^th respondents for not complying with the provisions of the sub rule 6 of Rule 26 of the Kerala Panchayat Raj (Procedure for Panchayat Meeting) Rule, 1995, by considering Ext.P4 representation.

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(iii) Pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”[SIC]

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The main prayer in the writ petition is for a direction to the 5^th respondent to make available the documents sought for in Exts.P1 and P5.

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WP(C) NO. 1978 OF 2022

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Heard counsel appearing for the petitioner, the

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learned Government Pleader and the counsel appearing for the Panchayath.

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If the documents referred in Exts.P1 and P5 are available in the 5^th respondent Panchayath, there can be a direction to the 5^th respondent to issue a copy of the same. In such circumstances, this writ petition can be disposed of directing the 5^th respondent to consider Exts.P1 and P5 and take appropriate action in it, within a time frame.

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

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i. The 5^th respondent will consider Exts.P1 and P5 and take appropriate action in it and supply the documents sought for in this writ petition, if it is available in the Panchayath, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO. 1978 OF 2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 26/04/2021 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 30/06/2021 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

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EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 22/07/2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

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EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 31/08/2021 SUBMITTED BEFORE THE FIRST RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 16/10/2021 PREFERED BEFORE THE 5TH RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

K.K.Ratheesh v. the Principal Secretary to Government

Case brief

What is this about?

What did the court decide?

K.K.Ratheesh v. the Principal Secretary to Government

Case brief

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