Disposed

Iju M.C., v. the District Collector

Kerala HC16 Jan 2024WP(C)/8293/2023

Case brief

AI extract

What is this about?

A panchayat ward member sought removal of an unauthorised bunk in front of a government school. Counsel stated satisfaction if the District Collector were directed to decide the representation; the court disposed of the petition with a two-month direction to consider Ext.P11 after hearing affected parties.

What did the court decide?

Direction to the District Collector to consider and pass orders on Ext.P11 within two months after hearing affected parties.

Iju M.C., Vs the District Collector — 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 GOPINATH P.

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TUESDAY, THE 16^TH DAY OF JANUARY 2024 / 26TH POUSHA, 1945

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WP(C) NO. 8293 OF 2023

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PETITIONER/S:

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IJU M.C., AGED 46 YEARS S/O. CHACKOCHAN, MURINGATHERI HOUSE, ERUMAPETTY, THRISSUR, PIN - 680584

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BY ADVS. VISHNU DAS SRUTHI DAS TINU JOHNSON SHYAMKUMAR P.K. MARIA NEETHU T.J ANJITHA ANIL KUMAR ANAGHA A.S.

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYATNHOLE, THRISSUR, KERALA, PIN - 680003 2 EXECUTIVE ENGINEER, PWD ROADS DIVISION, THRISSUR DIVISION, THRISSUR, PIN - 680020 3 ASSISTANT EXECUTIVE ENGINEER, PWD ROADS DIVISION, WADAKKANCHERY, KUMARANELLUR, THRISSUR, PIN - 680590 4 MINISTER OF PUBLIC WORK DEPARTMENT AND TOURISM, ROOM NO. 601, 6TH FLOOR, ANNEXE- 2 , SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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5 ERUMAPETTY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PUTHURUTHY ROAD, MANGAD, THRISSUR, KERALA, PIN - 680584

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6 ERUMAPETTY POLICE STATION, SH50, ERUMAPETTY, THRISSUR KERALA, PIN - 680584

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W.P (C) No.8293/2023

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7 KUDAMBASREE DISTRICT MISSION, CIVIL LINES ROAD,KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA, PIN - 680003

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OTHER PRESENT:

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SMT. DEVISHRI R (GP), SRI. P C SASIDHARAN (SC)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P (C) No.8293/2023

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J U D G M E N T

The petitioner has approached this court being aggrieved by the inaction on the part of the respondents in implementing Ext.P8 and in considering Ext.P11 for removing the unauthorised and illegally erected bunk in front of the Government Higher Secondary School, Erumapetty. The petitioner is an elected Member of Ward No.17 of Erumapetty Grama Panchayat.

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When this matter is taken up for consideration today, it is the submission of the learned counsel appearing for the petitioner that the petitioner will be satisfied if a direction is issued to the 1^st respondent to consider and pass orders on Ext.P11 representation submitted by the petitioner without further delay.

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Heard the learned Government Pleader appearing for respondents 1 to 6 and 7 and the learned standing counsel appearing for the 5^th respondent panchayat. They have no objection in a direction being issued to the 1^st respondent to consider and pass orders on Ext.P11 in accordance with law. Accordingly this writ petition will stand disposed of directing the 1^st respondent to consider and pass orders on Ext.P11 after affording an opportunity of hearing to the petitioner and any other affected parties within a period of 2 months from the date of receipt of a certified copy of this judgment. All contentions taken by the petitioner are left open.

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Sd/- GOPINATH P. JUDGE

AMG

W.P (C) No.8293/2023

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APPENDIX OF WP(C) 8293/2023

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PETITIONER EXHIBITS

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Exhibit P1	THE TRUE COPY ERECTED IN THE	OF THE PHOTOGRAPHS SHOWING THE BUNK SIDE OF THE STATE HIGHWAY ROAD
Exhibit P2	THE TRUE COPY PETITIONER TO	OF THE REPRESENTATION MADE BY THE THE 1ST RESPONDENT DATED 15.02.2023
Exhibit P3	THE TRUE COPY 20.02.2023	OF THE REPLAY TO EXHIBIT P2 DATED
Exhibit P4	THE TRUE COPY PETITIONER TO	OF THE REPRESENTATION MADE BY THE THE 2ND RESPONDENT DATED 15.02.2023
Exhibit P5	THE TRUE COPY PETITIONER TO	OF THE REPRESENTATION MADE BY THE THE 3RD RESPONDENT DATED 15.02.2023
Exhibit P6	THE TRUE COPY PETITIONER TO	OF THE REPRESENTATION MADE BY THE THE 4TH RESPONDENT DATED 15.02.2023
Exhibit P7	THE TRUE COPY PETITIONER TO	OF THE REPRESENTATION MADE BY THE THE 7TH RESPONDENT DATED 15.02.2023
Exhibit P8	THE TRUE COPY ISSUED BY THE DATED 16.02.20	OF THE LETTER NUMBERED W-010/2021 3RD RESPONDENT TO THE 5TH RESPONDENT 23
Exhibit P9	THE TRUE COPY RESPONDENT TO P8 LETTER DATE	OF THE INTIMATION GIVEN BY THE 3RD THE PETITIONER HEREIN REGARDING EXHIBIT D 17.02.2023
Exhibit P10	THE TRUE COPY	OF THE MEETING MINUTES DATED NIL
Exhibit P11	THE TRUE COPY PETITIONER TO	OF THE REPRESENTATION MADE BY THE THE 1ST RESPONDENT DATED 07.03.2023
Exhibit P12	THE TRUE COPY PETITIONER TO	OF THE REPRESENTATION MADE BY THE THE 2ND RESPONDENT DATED 07.03.2023
Exhibit P13	THE TRUE COPY PETITIONER TO	OF THE REPRESENTATION MADE BY THE THE 3RD RESPONDENT DATED 07.03.2023
Exhibit P14	THE TRUE COPY PETITIONER TO	OF THE REPRESENTATION MADE BY THE THE 4TH RESPONDENT DATED 07.03.2023

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W.P (C) No.8293/2023

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-5-

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Exhibit P15	The true copy of the letter issued by the Assistant Executive engineer, PWD Road Division, Thrissur to the 5th respondent Secretary Erumapetty Grama Panchayth numbered A2-351/23 dated 20.02.2023
Exhibit P16	The true copy of the letter issued by the Assistant Executive engineer, PWD Road Division, Thrissur to the 5th respondent Secretary Erumapetty Grama Panchayth numbered A2-351/23 dated 14.03.2023
Exhibit P17	The true copy of the letter issued by the Station House officer, Erumapetty Police Station to the 2nd respondent Assistant Executive Engineer, PWD Road Division, Thrissur numbered 145/TDR/EMPTY/2023 dated 15.03.2023
Exhibit P18	The true copy of the letter issued by the Station House officer, Erumapetty Police Station to the 7th respondent Kudambasree District Mission numbered 146/TDR/EMPTY/2023 dated 15.03.2023
Exhibit P19	The True copy of the letter issued by the 2nd respondent Assistant Executive Engineer, PWD Road Division, Thrissur to the 1st respondent District Collector, Thrissur numbered A1-915/2023 dated 04.04.2023
Exhibit P20	THE TRUE COPY OF THE LETTER NUMBERED A11-2116/2023 ISSUED BY THE 1ST RESPONDENT TO THE 3RD AND THE 5TH RESPONDENT DATED 29.04.2023
Exhibit P21	THE TRUE COPY OF THE LETTER NUMBERED SC2/5421/23 ISSUED BY THE 5TH RESPONDENT SECRETARY OF ERUMAPETTY GRAMA PANCHAYTH TO THE 3RD RESPONDENT DATED 03.05.2023
Exhibit P22	THE TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT TO THE 1ST RESPONDENT DISTRICT COLLECTOR NUMBERED A1- 915/2023 DATED 04.05.2023

Iju M.C., v. the District Collector

Case brief

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What did the court decide?

Iju M.C., v. the District Collector

Case brief

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