Petitioner challenged a Panchayat resolution to demolish a public-funded shopping complex and prayed for intervention. Court directed the State Secretary to dispose of the petitioner's pending representation within one month.
Direction to the Secretary, Local Self Government Department to dispose of the petitioner's representation within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 21ST DAY OF MARCH 2023 / 30TH PHALGUNA, 1944
WP(C) NO. 5713 OF 2020
PETITIONER/S:
RAJAN, AGED 54 YEARS
S/O.SANKARAN NADAR, THINANINNA CHRIST VIHAR,
THIRUPURAM.P.O., THIRUVANANTHAPURAM, PIN-695133.
BY ADVS.
K.B.PRADEEP
SHRI.SREERAJ M.D.
RESPONDENT/S:
1STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2THIRUPURAM GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
THIRUPURAM GRAMA PANCHAYATH OFFICE,
THIRUPURAM.P.O., THIRUVANANTHAPURAM, PIN-695133.
BY ADVS.
SRI.GOVIND PADMANAABHAN
SMT.K.S.SHARMILA
SRI.S.PREMJITH KUMAR
SRI.TEK CHAND V., SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5713 OF 2020 ..2..
JUDGMENT
S. MANIKUMAR, C.J.
Instant writ petition is filed for the following reliefs:
(ii) Issue a Writ in the nature of Mandamus or any other Writ directing the 2nd respondent to expeditiously consider Ext.P3 representation and take a decision forthwith thereon.”
“ Before the Government of Kerala, represented by the Secretary, Local Self Government Department,
WP(C) NO. 5713 OF 2020 ..3..
Government Secretariat, Thiruvananthapuram.
Sub: Demolition of the Shopping Complex
Petition submitted by Rajan, S/o Sankaran Nadar, Thannininna Christ Vihar, Thirupuram PO, Thiruvannthapuram
The petitioner is a public spirited citizen and is a resident of Thirupuram Panchayath and he is challenging the decision of the Thirupuram Grama Panchayath to demolish a strong and sound mini shopping complex.
WP(C) NO. 5713 OF 2020 ..4..
In the circumstances, it is highly necessary that the Government be pleased to rescind the resolution by exercising its powers under Section 191 of the Kerala Panchayath Raj Act.”
submitted that he has no objection in disposing of the said representation.
WP(C) NO. 5713 OF 2020 ..5..
The writ petition is disposed of accordingly.
S.MANIKUMAR CHIEF JUSTICE
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SB
WP(C) NO. 5713 OF 2020 ..6..
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE DECISION DATED
5.11.2019.
EXHIBIT P2PHOTOGRAPH OF THE MINI SHOPPING COMPLEX
BUILDING.
EXHIBIT P3TRUE COPY OF THE REPRESENTATION DATED
17.2.2020 BY THE PETITIONER TO THE 1ST
RESPONDENT.
1 issue framed by the court
Whether the Government Secretary should dispose of the petitioner's representation regarding the demolition of a public-funded shopping complex.
RAJAN
STATE OF KERALA
THIRUPURAM GRAMA PANCHAYATH
S. MANIKUMAR
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court