The Court directed the Secretary to consider and dispose of a representation filed by the petitioner within one month, with notice to other parties, and disposed of the writ petition.
Direction to the 3rd respondent to consider and dispose of the representation within one month, with notice to the petitioner and 4th respondent.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 13TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944
WP(C) NO. 27200 OF 2021
PETITIONER:
K.P.BALAGOPALAKURUPPU
AGED 62 YEARS
S/O PURUSHOTHAMANKURUPPU, VELLUR KALARIKAL, CHAMPAKULAM
P.O., AMICHAKARI, ALAPPUZHA, PIN - 688 505.
BY ADVS.
DARSAN SOMANATH
SREELAKSHMI SABU
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL
SELF GOVERNMENT, 2ND FLOOR, ANNEX-I, GOVERNMENT SECRETARIAT,
PALAYAM, THIRUVANANTHAPURAM, KERALA - 695 001.
2 CHAMPAKULAM GRAMA PANCHAYATNEDUMUDY, CHAMPAKULAM, REPRESENTED BY ITS SECRETARY,
ALAPPUZHA, PIN - 688505.
3 THE SECRETARYCHAMPAKULAM GRAMA PANCHAYAT, NEDUMUDY, CHAMPAKULAM,
ALAPPUZHA, PIN - 688505.
4ADDL.R4.TOMY THOMAS
AGED 56 YEARS, SON OF THOMAS, MOMPALLY HOUSE, CHAMPAKULAM -
688 503. ALAPPUZHA DISTRICT.
[ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 07.12.2021 IN
I.A.1/2021 IN WP(C).]
BY ADVS.
S.Shanavas Khan Shahul Hameed
S.INDU(K/002856/1999)
B.S.SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.(C) No.27200 of 2021.
JUDGMENT
th Dated this the 13 day of January, 2023 .
The petitioner has approached this Court aggrieved by certain constructions made by the 4th respondent. According to the petitioner, the 4th respondent has carried out construction in violation of the provisions of Section 220 (b) of the Kerala Panchayat Raj Act, 1994. Highlighting the grievance, the petitioner has preferred Ext.P2 representation before the 3rd respondent, the Secretary of the 2nd respondent Panchayat. The petitioner states that the 3rd respondent has not taken any action on Ext. P2.
3
W.P.(C) No.27200 of 2021.
the learned Government Pleader for the 1st respondent and the learned Standing Counsel for the Panchayat. Though notice has been served on the 4th respondent, there is no appearance.
In the facts and circumstances of the case and having regard to the submissions made by the counsel on both sides, there will be a direction to the 3rd respondent to consider and dispose of Ext.P2 representation with notice to the petitioner and the 4th respondent within a period of one month from the date of receipt of a copy of this judgment.
The writ petition is disposed of with the said direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
Raj. 13.01.2023.
4
W.P.(C) No.27200 of 2021.
APPENDIX OF WP(C) 27200/2021
PETITIONER EXHIBITS
Exhibit P1TRUE PHOTOGRAPHS EVIDENCING THE
ENCROACHMENT OF THE PUBLIC PATHWAY.
Exhibit P2TRUE COPY OF THE REPRESENTATION
DATED 16.08.2021 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD
RESPONDENT.
Exhibit P3TRUE COPY OF PETITION PREFERRED BY
THE PETITIONER DATED 15.09.2021
BEFORE THE 1ST RESPONDENT.
1 issue framed by the court
Whether to direct the Secretary of the Panchayat to dispose of a representation regarding construction violation within one month.
K.P.BALAGOPALAKURUPPU
STATE OF KERALA
CHAMPAKULAM GRAMA PANCHAYAT
THE SECRETARY
ADDL.R4.TOMY THOMAS
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court