Pokker.A vs State Of Kerala
2021 Latest Caselaw 10955 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.23569 OF 2020(U)


PETITIONER:

               POKKER.A
               AGED 60 YEARS
               S/O.ABDULLA, RESIDING AT AYINELLI, PUTTANIKKAD,
               KANDAMANGALAM P.O., KOTTOPPADAM, PALAKKAD DIST.678
               583

               BY ADVS.
               SRI.V.JOHN MANI
               SHRI.S.JAYANT
               SHRI.VARGHESE SABU
               SHRI.SETHULAKSHMI K.K.

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY, REVENUE AND HOUSING,
               SECRETARIAT, THIRUVANANTHAPURAM-695 001

      2        THE DISTRICT COLLECTOR
               PALAKKAD DISTRICT, DISTRICT COLLECTORATE, CIVIL
               STATION, PALAKKAD-678 001

      3        THE SUB COLLECTOR
               OTTAPALAM, RDO OFFICE, OTTAPALAM, PALAKKAD DIST-679
               101

      4        VILLAGE OFFICER
               KOTTOPPADAM 3, MANNARKAD, PALAKKAD DIST-678 583

      5        SECRETARY
               KOTTOPPADAM GRAMA PANCHAYAT, KOTTOPPADAM
               GRAMAPANCHAYAT OFFICE, KOTTOPPADAM P.O., PALAKKAD
               DIST-678 583

      6        STATION HOUSE OFFICER
               MANNARKAD POLICE STATION, MANNARKAD, PALAKKAD-678 582

      7        MAMBATTA SHIVA TEMPLE
               PUTTANIKAD, KANDAMAMANGALAM P.O., PALAKKAD 678 583,
               REPRESENTED BY ITS PRESIDENT RAMAKRISHNAN, KALLUVETTI
               HOUSE, KANDAMANGALAM, PALAKKAD -678 583
 WP(C).No.23569 OF 2020(U)

                                 2



               R5 BY ADV. SRI.M.P.PRABHAKARAN (PALAKKAD)
               R7 BY ADV. SRI.R.SREEHARI
               R1-R4,R6 BY ADV. MANURAJ.K.J (GP)

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23569 OF 2020(U)

                                       3




                       W.P.(C) No.23569 of 2020
                    -----------------------------------------


                              JUDGMENT

The grievance voiced by the petitioner in the writ petition

concerns an unauthorised arch erected by the seventh respondent

over a Panchayat road used by the petitioner. The prayer in the writ

petition is for a direction to respondents 2, 3 and 5 to remove the said

structure.

2. When this matter was taken up today, it was

submitted by the learned counsel for the petitioner that pending

disposal of the writ petition, the third respondent has issued orders

directing the seventh respondent to remove the structure, and in the

light of the said development, the writ petition can be closed directing

the respondents to implement the said order.

3. It is, however, pointed out by the learned counsel for

the seventh respondent that the order passed by the third respondent

referred to above has been challenged by the seventh respondent

before the District Court, Palakkad in Criminal R.P. No.9 of 2021 and

the said matter stands posted during the second week of April 2021.

On a query from the Court, it is conceded by the learned counsel for WP(C).No.23569 OF 2020(U)

the seventh respondent that there is no interim order in the said

revision petition.

4. In so far as the revision petition preferred by the

seventh respondent against the order passed by the third respondent

is pending consideration before the District Court, Palakkad, it may not

be appropriate for this Court in the peculiar facts of this case to direct

implementation of the same, though there is no interim order in the

matter.

In the circumstances, the writ petition is disposed of

directing the District Court, Palakkad to dispose of Criminal R.P. No.9 of

2021 as expeditiously as possible, at any rate, within one month from

today. The petitioner shall produce this judgment for compliance

before the District Court, Palakkad. Needless to say that in case the

revision petition is dismissed, the order impugned in the revision

petition shall be enforced by the official respondents without further

delay.

Sd/-

                                            P.B.SURESH KUMAR

Mn                                                JUDGE
 WP(C).No.23569 OF 2020(U)





                                APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1                  TRUE COPY OF REPRESENTATION SUBMITTED BY

RESIDENTS OF 6TH WARD OF KOTTOPPADAM PANCHAYAT BEFORE 3RD RESPONDENT DATED 26.2.2019

EXHIBIT P2 TRUE COPY OF LETTER ISSUED AS FILE NO.RDOOTP/418/2019-B1 BY 3RD RESPONDENT TO 5TH RESPONDENT DATED 7.3.2019

EXHIBIT P3 TRUE COPY OF REPORT SUBMITTED BY 5TH RESPONDENT TO 3RD RESPONDENT AS FILE NO.A1- 1471/19 DATED 10.04.2019

EXHIBIT P4 TRUE COPY OF LETTER ISSUED BY 3RD RESPONDENT AS FILE NO.RDOOTP/418/2019-B1 DATED 19.7.2019

EXHIBIT P5 TRUE COPY OF REPORT SUBMITTED BY 4TH RESPONDENT ALONG WITH ROUTE MAP AND LOCATION SKETCH TO 4=3RD RESPONDENT DATED 17.10.2019

EXHIBIT P6 TRUE COPY OF APPLICATION SUBMITTED BY PETITIONER UNDER RIGHT TO INFORMATION ACT.2005 BEFORE THE 3RD RESPONDENT DATED 15.6.2019

EXHIBIT P7 TRUE COPY OF REPLY SUBMITTED BY 3RD RESPONDENT AS NO.B 3067/2019 DATED 4.7.2019

EXHIBIT P8 TRUE COPY OF FILE NO.DCPKD/14007/2019-PGR2 ISSUED BY 2ND RESPONDENT TO PETITIONER DATED 24.12.2019

EXHIBIT P9 TRUE COPY OF COMPLAINT SUBMITTED BY PETITIONER BEFORE E5TH RESPONDENT DATED 24.1.2020

EXHIBIT P10 TRUE COPY PHOTOGRAPHS OF ARCH ERECTED ON THE BEGINNING OF PANCHAYAT ROAD.

EXHIBIT P11 TRUE COPY OF POST SHOWING DIRECTION FORWARDS MAMBATTA SHIVA TEMPLE //TRUE COPY// PA TO JUDGE