Disposed

Jomol v. Elakunnapuzha Grama Panchyath

Kerala HC22 Jan 2024WP(C)/2037/2024

Case brief

AI extract

What is this about?

Petitioner sought a mandamus directing the gram panchayat to pass and implement a final order based on provisional orders Exts.P6 and P7. The court disposed of the petition by directing the panchayat to issue the final order within sixty days after hearing both parties, expressly without judging the matter on merits.

What did the court decide?

Direction to first respondent to pass final orders on Exts.P6 and P7 with hearings within 60 days; merits left open.

Jomol Vs Elakunnapuzha Grama Panchyath — Municipal and Town Planning | Kerala HC (2024)

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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
MONDAY, THE 22ND DAY OF JANUARY 2024 / 2ND MAGHA, 1945
WP(C) NO. 2037 OF 2024

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PETITIONER:

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JOMOL
AGED 31 YEARS
D/O JOSEPH VYDHYAN, CHALAVEETIL HOUSE, VALAPP ,
ELAKUNNAPUZHA VILLAGE, OCHANTHURUTH PO,
KOCHI TALUK, ERNAKULAM DISTRICT., PIN - 682508
BY ADVS.
P.T.MANOJ
JESTINA MARIAM JOSEPH
LITISHYA FRANCIS

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RESPONDENTS:

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1ELAKUNNAPUZHA GRAMA PANCHYATH
REPRESENTED BY IT'S SECRETARY
ELAMKUNNAPUZHA GRAMA PANCHAYATH
ELAMKUNNAPUZHA VILLAGE, ELAMKUNNAPUZHA PO
MALIPURAM PO, VYPIN,
ERNAKULAM DISTRICT,, PIN - 682511
2ANTONY JIBIN
AGED 41 YEARS
S/O JOY, MALIYAKKAL HOUSE, OCHANTHURUTH PO,
ELAMKUNNAPUZHA VILLAGE, OCHANTHURUTH DESAM,
VYPIN, ERNAKULAM DISTRICT, PIN - 682508
BY ADVS.SRI.RIYAL DEVASSY, GP
Benzir P. M.
AKHILA SHUKKOOR VELIYAVEETTIL(K/1129/2013)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.01.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C).No.2037/2024

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P.V.KUNHIKRISHNAN, J.

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W.P.(C).No.2037 of 2024

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Dated this the 22^nd day of January, 2024

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JUDGMENT

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This writ petition is filed with following prayers:

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i. Issue a writ ,in the nature of mandamus or other appropriate writ or direction to the 1^st respondent to pass a final order based on Exhibit P6 and implement the same in the interest of justice.

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ii. Grant such other writ, order or direction as this Honorable Court may deem fit and proper in the facts and circumstances of the case.

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iii. Dispense with filing of the translation of the vernacular document.

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(SIC)

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The grievance of the petitioner is that after Exts.P6

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and P7 provisional orders, no final order is passed.

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Heard the learned counsel for the petitioner. No

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notice is necessary to the 2^nd respondent because of the way in which this writ petition is going to be disposed of.

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Once a preliminary order is passed, it is the duty of

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WP(C).No.2037/2024

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the 1^st respondent to pass final order, after giving an opportunity of hearing to the affected parties. Admittedly a preliminary order is passed. If final order is not passed as on today, the 1^st respondent will pass final orders, after giving sufficient opportunity of hearing to the petitioner and the 2^nd respondent, within a time frame.

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Therefore, this writ petition is disposed of with following directions:

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The 1^st respondent is directed to pass final orders based on Exts.P6 and P7, after affording an opportunity of hearing to the petitioner and the 2^nd respondent, as expeditiously as possible, at any rate, within sixty days from the date of receipt of a copy of this judgment.

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I make it clear that I have not considered the matter on merit and the 1^st respondent is free to pass appropriate orders in accordance with law.

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WP(C).No.2037/2024

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The petitioner shall produce a certified copy of this judgment along with a copy of this writ petition with exhibits before

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the 1^st respondent for compliance.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

WP(C).No.2037/2024

PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE TAX RECEIPT DATED
31.05.2023 ISSUED BY VILLAGE OFFICE
ELAKUNNAPUZHA
Exhibit P2TRUE COPY OF THE RECEIPT OF THE
BUILDING TAX DATED 29.05.2023 ISSUED
BY THE ELAKUNNAPUZHA GRAMA PANCHAYTH
Exhibit P3TRUE COPY OF THE PHOTOGRAPHS OF THE
BUILDING OF THE 2ND RESPONDENT
Exhibit P4TRUE COPY OF THE PHOTOGRAPH OF THE
SHOP IS PRODUCED
Exhibit P5TRUECOPY OF THE REPORT DATED
09.08.2023 PREPARED BY THE OVERSEER OF
THE 1ST RESPONDENT
Exhibit P6TRUE COPY OF THE ORDER NO.S.C2/7677/23
DATED 07.12.2023 ISSUED BY THE
SECRETARY OF THE 1ST RESPONDENT
Exhibit P7TRUE COPY OF THE NOTICE DATED
07.12.2023 ISSUED BY THE SECRETARY OF
THE 1ST RESPONDENT

Jomol v. Elakunnapuzha Grama Panchyath

Case brief

What is this about?

What did the court decide?

Jomol v. Elakunnapuzha Grama Panchyath

Case brief

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What did the court decide?

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