Disposed

Binoy Malaky v. the Secretary, Kalliyoor Grama Panchayat

Kerala HC21 Nov 2022WP(C)/23096/2022

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging a Panchayat confirmation order. The court directed the Tribunal to expedite the petitioner's stay application and recorded the respondent's assurance not to take coercive steps pending the final result.

What did the court decide?

The writ petition was disposed of directing the Tribunal to consider the petitioner's stay application (Ext.P12) expeditiously.

Binoy Malaky Vs the Secretary, Kalliyoor Grama… — Civil Procedure and Limitation | 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 MURALI PURUSHOTHAMAN

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MONDAY, THE 21^ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944

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WP(C) NO. 23096 OF 2022

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PETITIONER/S:

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BINOY MALAKY AGED 58 YEARS S/O. MALAKY, CC 45/2039, AKIM, LABOUR COLONY ROAD, THAMMANAM, THAMMANAM-P.O., COCHI-682032. BY ADV GEORGEKUTTY MATHEW

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RESPONDENT/S:

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THE SECRETARY, KALLIYOOR GRAMA PANCHAYAT KALLIYOOR GRAMA PANCHAYAT, KALLIYOOR-P.O., THIRUVANANTHAPURAMBY ADV S.ANEESH - S.C.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 23096 OF 2022

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JUDGMENT

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The petitioner has filed Ext.P11 appeal before the Tribunal for Local Self Government Institutions (for short, ‘the Tribunal’) under Section 276 of the Kerala Panchayat Raj Act, 1984 (‘the Act’ for short) against Ext.P10 confirmation order dated 18.6.2022 passed by the respondent under Section 235 W of the Act. The petitioner has also filed I.A. No.964/2022 in the Appeal viz; Ext.P12, to stay further proceedings pursuant to Ext.P10 order.

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The petitioner has approached this Court challenging Ext.P10 order on the ground that since there is no regular sitting of the Tribunal, Ext.P12 petition is not being considered by the Tribunal.

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WP(C) NO. 23096 OF 2022

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This Court, at the time of admission,

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passed an interim order staying the operation of Ext.P10 confirmation order.

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When the writ petition came up for

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further consideration today, it is submitted by the counsel on both sides that, the Tribunal has commenced its regular sitting and that the writ petition may be disposed of with a direction to the Tribunal to dispose of Ext.P12 inter interlocutory application.

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Since the regular sitting of the

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Tribunal has commenced, the Tribunal shall consider Ext.P12 stay petition filed by the petitioner expeditiously.

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The learned counsel for the

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Panchayat submits that till the stay petition is considered by the Tribunal, the Panchayat does not propose to take any coercive steps on the basis

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WP(C) NO. 23096 OF 2022

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of Ext.P10. This submission is recorded.

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The writ petition is disposed of with the

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above direction.

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Sd/-

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MURALI PURUSHOTHAMAN

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JUDGE

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al/-

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WP(C) NO. 23096 OF 2022

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APPENDIX OF WP(C) 23096/2022

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PETITIONER EXH Exhibit P1	IBITS TRUE COPY OF THE LAND TAX RECEIPT NO.KL01010705797/2022 DATED 28.4.2022 ISSUED BY THE VILLAGE OFFICER, KALLIYOOR.
Exhibit P2	A TRUE COPY OF THE LEAVE AND LICENCE AGREEMENT EXECUTED ON 14.3.2022 BETWEEN THE PETITIONER AND MR. ASIF.
Exhibit P3	A TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE NO.KLMSME-656/2022 DATED 27.1.2022 ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THIRUVANANTHAPURAM.
Exhibit P4	A TRUE COPY OF THE PROVISIONAL ORDER BEARING NO.A5-2046/22 DATED 6.4.2022 ISSUED BY THE RESPONDENT ADDRESSING THE PETITIONER.
Exhibit P5	A TRUE COPY OF THE REPLY DATED 30.4.2022 FURNISHED BY THE PETITIONER TO EXT P4 PROVISIONAL ORDER.
Exhibit P6	A TRUE COPY OF THE PROVISIONAL ORDER NO.A5-2046/2022 DATED 6.4.2022 ISSUED BY THE RESPONDENT ADDRESSING MR. ASIF.
Exhibit P7	A TRUE COPY OF THE REPLY DATED 28.4.2022 SUBMITTED TO EXT P6 PROVISIONAL ORDER.
Exhibit P8	A TRUE COPY OF THE PROVISIONAL ORDER AND NOTICE BEARING NO.A5-2046/22 DATED 2.6.2022 ISSUED BY THE RESPONDENT ADDRESSING THE PETITIONER.
Exhibit P9	A TRUE COPY OF THE REPLY DATED 9.6.2022 FURNISHED BY THE PETITIONER TO EXT P8 PROVISIONAL ORDER.
Exhibit P10	TRUE COPY OF THE CONFIRMATION ORDER BEARING NO.A52046/22 DATED 18.6.2022 ISSUED BY THE RESPONDENT.
Exhibit P11	A TRUE COPY OF THE MEMORANDUM OF APPEAL NO. 422/2022 WITHOUT EXHIBITS, IN THE FILE OF LSGI TRIBUNAL, THIRUVANANTHAPURAM.
Exhibit P12	TRUE COPY OF THE I.A NO 964/2022 IN APPEAL NO. 422/2022 IN THE FILE OF LSGI TRIBUNAL, THIRUVANANTHAPURAM.

Binoy Malaky v. the Secretary, Kalliyoor Grama Panchayat

Case brief

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Binoy Malaky v. the Secretary, Kalliyoor Grama Panchayat

Case brief

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