WA No.580/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Tuesday, the 10th day of May 2022 / 20th Vaisakha, 1944
WA NO. 580 OF 2022
AGAINST THE ORDER DATED 1.4.2022 IN IA.NO.1/2022 IN WP(C) 5040/2022 OF HIGH
COURT OF KERALA
APPELLANTS/(RESPONDENTS 2 TO 4 IN IA.NO.1/2022 & IN THE WP(C):
1. CHELLANAM GRAMA PANCHAYATH, ANDIKKADAVU P.O, PIN - 682008, ERNAKULAM
DISTRICT, REPRESENTED BY ITS SECRETARY.
2. THE SECRETARY, CHELLANAM GRAMA PANCHAYATH, ANDIKKADAVU P.O, PIN -
682008, ERNAKULAM DISTRICT.
3. THE PANCHAYATH COMMITTEE, CHELLANAM GRAMA PANCHAYATH, ANDIKKADAVU
P.O, PIN - 682008, ERNAKULAM DISTRICT, REPRESENTED BY ITS PRESIDENT.
BY ADVS.M/S. DINESH R.SHENOY, SILESH S. PRABHU & V.SUBHASH BHAT
RESPONDENTS/(PETITIONER & RESPONDENTS 1, 5 & 6 IN IA.NO.1/2022 & IN THE WP(C):
1. KALATHARACHIRA PADASEKHARAM, REG.NO. ER-68/85, KANNAMALI P.O, KOCHI
- 682008, REPRESENTED BY ITS PRESIDENT, GEORGE FRANCIS.
2. DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKANAD,
ERNAKULAM, KOCHI - 682030.
3. THE AGRICULTURAL OFFICER, KRISHI BHAVAN, CHELLANAM, KOCHI - 682008.
4. SRI. THADEVOUS STANLY, PUNNAKKAL HOUSE, MANASSERY, KOCHI - 682008.
BY SRI.K.T.THOMAS FOR R1
BY GOVERNMENT PLEADER FOR R2 & R3
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum the High Court be pleased to
call for the records in WP(C) No.5040/2022, set aside the interim order
dated 1/4/2022 in IA.No.1/2022 in WP(C) No.5040/2022 and issue an order in
terms of Ext.P12 judgment itself allowing the Panchayath to follow and
implement the Government Orders, Exhibits P13, P14 & Ext.P21, till the
disposal of the above Writ Appeal.
This Writ Appeal coming on for orders on 10/05/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:
(p.t.o)
WA No.580/2022 2/4
RAJA VIJAYARAGHAVAN V. & SOPHY THOMAS, JJ.
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W.A. No.580 of 2022
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Dated this the 10th day of May, 2022
ORDER
Raja Vijayaraghavan V., J I have heard Sri. Dinesh R. Shenoy, the learned counsel appearing for the appellants, Sri. K.T. Thomas, the learned counsel appearing for the respondents and the learned Government Pleader.
2. It is pointed out by Sri. Dinesh R. Shenoy, the learned counsel that the president of the Padasekharam, Sri. George Francis had also participated in the meeting held on 10.03.2022 as is evidenced from Annexure-A9 minutes and a decision was taken to revive paddy cultivation to six months compulsorily in the Padasekharam. After having participated in the meeting, Sri. George Francis, the President had approached this Court and it is based on his application that the interim order was passed. The learned counsel submits that the order is against the precedents settled by this Court based on the policy of the Government.
3. The learned Government Pleader also supported the submissions of WA No.580/2022 3/4 W.A. No.580 of 2022 2 the learned counsel appearing for the appellants.
4. Having considered the submissions, we are of the view that the matter requires consideration.
5. There will be an interim order of stay as prayed for, for a period of two weeks.
Post on 24.05.2022.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE Sd/-
SOPHY THOMAS,
JUDGE
NS
10-05-2022 /True Copy/ Assistant Registrar
WA No.580/2022 4/4
Annexure A9 TRUE PHOTOCOPY OF RESOLUTION 1/1 DATED 22.4.2022
ADOPTED BY THE CHELLANAM GRAMA PANCHAYATH. Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 09.09.2021 IN WP(C) NO.14167/2020 Exhibit P13 TRUE COPY OF THE ORDER DATED 11.03.2019 ISSUED BY DISTRICT COLLECTOR, ERNAKULAM.
Exhibit P14 TRUE COPY OF THE ORDER DATED 29.02.2020 ISSUED BY DISTRICT COLLECTOR, ERNAKULAM.
Exhibit P21 TRUE COPY OF THE ORDER DATED 08.02.2022 ISSUED BY THE 1ST RESPONDENT.