IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 13201 OF 2016
PETITIONER/S:
LAILA
W/O.HARIDAS, VYPUNNAYIL, VMC NO.42,
WARD-19, VAIKKOM MUNICIPALITY, VAIKOM P.O.
BY ADV K.S.PRAVEEN
RESPONDENT/S:
1 VAIKOM MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
VAIKOM MUNICIPAL OFFICE, VAIKOM P.O. - 686 141.
2 VELAYUDHAN
PATRANDU PARATHARA, VMC WARD-19, V
AIKKOM MUNICIPALITY, VAIKOM P.O. - 686 141.
3 OMANA
W/O.VELAYUDHAN, PATRANDU PARATHARA, VMC WARD-19,
VAIKKOM MUNICIPALITY, VAIKOM P.O. - 686 141.
BY ADVS.
SRI.SREELAL N.WARRIER
SRI.K.S.MADHUSOODANAN
SRI.K.S.MIZVER
SRI.P.K.RAKESH KUMAR
SMT.A.SREEKALA VAIKOM
SRI.M.M.VINOD KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.13201 of 2016
2
JUDGMENT
Dated this the 1st day of July, 2022 This writ petition is filed by the petitioner seeking the following reliefs:
"a. Issue a Writ of Mandamus or other appropriate writ direction or order directing the 1st respondent not to alter the status of Perunjilathodu-Thottuchira Road as evidenced by Exhibit-P1 and Exhibit-P2.
b. Issue a Writ of Mandamus or other appropriate writ direction or order directing the 1st respondent to consider and pass appropriate writ order in Exhibit-P3 within a time limit fixed by this Hon'ble Court."
2. The grievance of the petitioner is that the Vaikkom Municipality is making an attempt to bifurcate a lane and handover the property to respondents 2 and 3, who are private individuals, for their personal enjoyment. Petitioner has apparently submitted Exhibit P3 complaint before the Secretary of the Vaikkom Municipality which was not considered and seeking direction for disposal of Exhibit P3, this writ petition was filed.
The writ petition was pending before this court from the year 2016 without securing any interim orders. Now, after W.P.(C)No.13201 of 2016 3 perusing the pleadings and document on record and hearing the learned standing counsel for the Vaikkom Municipality and Sri.K.S.Madhusoodanan, learned counsel appearing for respondents 2 and 3, the writ petition is disposed of directing the Secretary of the Municipality to consider Exhibit P3, if anything remains to be considered at the earliest possible after giving an opportunity to respective parties and at any rate within two months from the date of receipt of a copy of this judgment.
Sd/-
Shaji P.Chaly Judge vpv W.P.(C)No.13201 of 2016 4 APPENDIX OF WP(C) 13201/2016 PETITIONER EXHIBITS EXT.P1 TRUE COPY OF THE INFORMATION REGARDING PAYMENT IN THIS REGARD IN RESPECT OF SAID PROJECT, RECEIVED BY THE HUSBAND OF THE PETITIONER THROUGH RIGHT TO INFORMATION ACT DATED 08.07.2014.
EXT.P2 TRUE COPY OF THE REPLY OF THE PUBLIC INFORMATION OFFICER, VAIKOM MUNICIPALITY DATED 21.04.2014 WIDTH OF THE ROAD 2.20 METER.
EXT.P3 TRUE COPY OF THE COMPLAINT/REPRESENTATION SUBMITTED BY THE PETITIONER DATED 30.03.2016. EXT.P3(A). TRUE COPY OF THE RECEIPT DATED 31.03.2016.
//TRUE COPY// P.A. TO JUDGE