Disposed

Kannan, v. the State of Kerala

Kerala HC14 Jul 2022WP(C)/21324/2021

Case brief

AI extract

What is this about?

This writ petition challenged the preservation of public property and procedural delays. The court directed the District Collector to consider a representation within two months, mandating a hearing opportunity to the petitioner before passing final orders.

What did the court decide?

Direction issued to the 2nd respondent to consider Ext.P6 and pass orders within two months, ensuring an opportunity of hearing to the petitioner before passing final orders.

Kannan, Vs the State of Kerala — Constitutional and Fundamental Rights | 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 THURSDAY, THE 14^TH DAY OF JULY 2022 / 23RD ASHADHA, 1944

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WP(C) NO. 21324 OF 2021

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PETITIONER:

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KANNAN, AGED 40 YEARS S/O.MANI, RESIDING IN THE ADDRESS VANIYAM HOUSE, NEAR AL ASSAR CBSE SCHOOL, NADUMURI, MANAKUDI P.O, THRISSUR DISTRICT-680 012 BY ADV G.SREEKUMAR (CHELUR)

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RESPONDENTS:

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1 THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-695 001 2 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL LINE, AYYANTHOLE P.O, THRISSUR DISTRICT-680 003. 3 THE ARIMBOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, P.O. ARIMBOOR, THRISSUR DISTRICT-680 012 4 THE SECRETARY, THE ARIMBOOR GRAMA PANCHAYATH, P.O. ARIMBOOR, THRISSUR DISTRICT-680 012 BY ADV SHRI.G.SANTHOSHKUMAR, SC, ARIMBUR GRAMA PANCHAYAT, THRISSUR SMT.DEEPA NARAYANAN, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 21324 OF 2021

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P.V.KUNHIKRISHNAN, J.

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

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W.P.(C).No. 21324 of 2021

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Dated this the 14^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 appropriate writ order or direction commanding the respondents 2 to 4 to take effective steps to preserve the public property which is the pathway as is seen in Ext.P1 within stipulated time limits in the interest of justice.

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(ii) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 2^nd respondent to consider Ext-P5 and the 4^th respondent to consider Ext-P3 in a time bound manner as stipulated by this Hon'ble court, in the interest of justice.

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(iii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.”[SIC]

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When this writ petition came up for consideration, the counsel appearing for the

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WP(C) NO. 21324 OF 2021

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petitioner submitted that, he will be satisfied if a direction is issued to the 2^nd respondent to consider and pass orders in Ext.P6. Ext.P6 is a representation submitted by the petitioner to the 2^nd respondent.

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I also heard the learned Government

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Pleader and the counsel appearing for respondents 3 and 4.

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After hearing both sides, I think there can be a direction to the 2^nd respondent to consider Ext.P6 and pass appropriate orders in it, within a time frame.

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

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i. The 2^nd respondent is directed to consider and pass orders in Ext.P6, as expeditiously as possible, at any rate, with in a period of two months from the date of receipt of a copy of this judgment.

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ii. Before passing final orders, an

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WP(C) NO. 21324 OF 2021

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opportunity of hearing should be given to the petitioner.

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iii. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the 2^nd respondent for compliance.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO. 21324 OF 2021

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APPENDIX OF WP(C) 21324/2021

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PETITIONER EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE PHOTOGRAPHS TAKEN BY THE PETITIONER DATED NIL. EXHIBIT P2 A TRUE COPY OF THE DOCUMENT BEARING NO. 3475 OF 16 EXECUTED DATED 20.12.2016 OF THE AYYANTHOLE SRO.

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EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION OF THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 26.7.2021.

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EXHIBIT P4 A TRUE COPY OF THE RECEIPT ISSUED BY THE POSTAL DEPARTMENT DATED 26.07.2021. EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION OF THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.09.2021 WITH RECEIPT.

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EXHIBIT P6 TRUE COPY OF THE COMPLAINT DT. 0905-2022 GIVEN TO DISASTER MANAGEMENT AUTHORITY, DISTRICT COLLECTOR, THRISSUR.

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EXHIBIT P7 TRUE COPY OF THE RECEIPT ISSUED FROM COLLECTORATE DT. 09-05-2022 ACKNOWLEDGING THE RECEIPT OF THE COMPLAINT.

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RESPONDENT'S EXHIBITS:

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ANNEXURE R3(A) TRUE COPY OF THE LETTER DATED 17/09/2021 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

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//TRUE COPY//

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PA TO JUDGE

Kannan, v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Kannan, v. the State of Kerala

Case brief

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What did the court decide?

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