Disposed

Viswanathan Nair v. Premarajan

Kerala HC12 Dec 2022WP(C)/20909/2022

Case brief

AI extract

What is this about?

Petitioner, a senior citizen, sought writ intervention due to delays in a statutory appeal filed by a respondent before the Tribunal for Local Self Government Institutions. The Court dispensed with notice and directed the Tribunal to finally dispose of the appeal within two months.

What did the court decide?

Directed the Tribunal for Local Self Government Institutions, Thiruvananthapuram to hear and finally dispose of Appeal No. 43/2022 (Ex.P8) within two months.

Viswanathan Nair Vs Premarajan — Writ and Judicial Review | 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 N.NAGARESH

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MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
WP(C) NO. 20909 OF 2022

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PETITIONER

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VISWANATHAN NAIR

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AGED 62 YEARS

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S/O. MADHAVAN PILLA, PANAYIL VEEDU, NETHAJIPURAM P.O,
SANTHIGIRI, POTHENCODE, ALAPPUZHA MURI,
KEEZHTHONNACKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN - 695584.

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BY ADV MINI.V.A.

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RESPONDENTS:

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1 PREMARAJAN

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S/O. KRISHNAPILLA, S.A. BHAVAN, NETHAJIPURAM P.O,
SANTHIGIRI, POTHENCODE, THIRUVANANTHAPURAM DISTRICT,
P IN - 695584.

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2 THE SECRETARY POTHENCODE GRAMA PANCHAYAT, POTHENCODE, THIRUVANANTHAPURAM DISTRICT, PIN - 695584.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.20909 OF 2022

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JUDGMENT

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Dated this the 12^th day of December, 2022

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The petitioner is a Senior Citizen who retired from Agricultural Department. The petitioner has constructed a residential building after his retirement.

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The petitioner states that nearby property owners

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attempted to cut open a motorable way by encroaching into his property. The petitioner, thereupon, filed O.S. No.507 of 2021 before the Munsiff’s Court, Attingal. An interim order was granted in favour of the petitioner.

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Thereafter, at the instance of the 2^nd respondent, Ext.P2 order was issued by the Secretary to the Grama Panchayat. The petitioner states that the 1^st respondent has filed an appeal before the Tribunal for Local Self Government Institutions, Thiruvananthapuram seeking to implement Ext.P2 communication.

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WP(C) NO.20909 OF 2022

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The petitioner states that Ext.P8 appeal is still pending, though the pleadings are complete. The delay in disposal of Ext.P8 appeal is causing hardship to the petitioner, contends the counsel for the petitioner.

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I have heard the learned counsel for the petitioner. In view of the nature of reliefs to be granted in the writ petition, notice to the respondents is dispensed with.

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As the statutory appeal filed by the 1^st respondent is pending consideration before the Tribunal for Local Self Government Institutions, Thiruvananthapuram since January, 2022, it would be only appropriate that the Tribunal for Local Self Government Institutions disposes the appeal finally within a reasonable period.

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In the circumstances, the writ petition is disposed of directing the Tribunal for Local Self Government Institutions, Thrivananthapuram to hear and finally dispose of Ext.P8 appeal, within a period of two months. It is made clear that

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WP(C) NO.20909 OF 2022

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this Court has not pronounced anything on merit, on the

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claims made by the petitioner.

sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO.20909 OF 2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE RECEIPT DATED 3/9/2021
ISSUED BY THE 2ND RESPONDENT.
Exhibit P2TRUE COPY OF THE ORDER AND NOTICE DATED
21/10/2021 ISSUED BY THE 2ND
RESPONDENT.

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Exhibit P3TRUE COPY OF THE LETTER DATED
23/10/2021 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT. (WITH OUT
SKETCH)

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Exhibit P4TRUE COPY OF THE REPLY DATED 26/10/2021
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT.

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Exhibit P5TRUE COPY OF THE NOTICE DATED
10/12/2021 WITH PLAN AND REPORT ISSUED
BY THE TAHSILDAR, LAND RECORDS,
THIRUVANANTHAPURAM.

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Exhibit P6TRUE COPY OF THE APPLICATION DATED
13/12/2021 FILED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
Exhibit P7TRUE COPY OF THE NOTICE DATED 15/1/2022
ISSUED BY THE 2ND RESPONDENT.

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Exhibit P8TRUE COPY OF THE APPEAL NO. 43/2022
FILED BY THE 1ST RESPONDENT BEFORE THE
TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTIONS, THIRUVANANTHAPURAM.
Exhibit P9TRUE COPY OF THE COUNTER STATEMENT IN
APPEAL NO. 43/2022 FILED BY THE
PETITIONER BEFORE THE TRIBUNAL FOR
LOCAL SELF GOVERNMENT INSTITUTIONS,
THIRUVANANTHAPURAM.

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Exhibit P10TRUE COPY OF THE PETITION DATED
18.7.2022 FILED BY THE PETITIONER
BEFORE THE TRIBUNAL FOR LOCAL SELF
GOVERNMENT INSTITUTIONS,
THIRUVANANTHAPURAM.

Viswanathan Nair v. Premarajan

Case brief

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Viswanathan Nair v. Premarajan

Case brief

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