Devaki .C vs Akathethara Grama Panchayat
2021 Latest Caselaw 3734 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                        WP(C).No.2684 OF 2021(I)


PETITIONER/S:

                DEVAKI .C
                AGED 68 YEARS
                W/O RAMACHANDRAN, DEVAKI NIVAS, VIDHYA NAGAR EAST,
                3RD STREET, AKATHETHARA, PALAKKAD DISTRICT-678 008.

                BY ADVS.
                SRI.G.HARIHARAN
                SMT.K.S.SMITHA
                SRI.V.R.SANJEEV KUMAR

RESPONDENT/S:

      1         AKATHETHARA GRAMA PANCHAYAT
                AKATHETHARA, PALAKKAD-678 008, REPRESENTED BY ITS
                SECRETARY

      2         THE PRESIDENT (APPELLATE AUTHORITY)
                AKATHETHARA GRAMA PANCHAYAT, AKATHETHARA, PALAKKAD-
                678 008.

      3         DEPUTY DIRECTOR OF PANCHAYAT,
                CIVIL STATION, PALAKKAD-678 001.


OTHER PRESENT:

                GP. SRI. PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2684 OF 2021(I)

                                         2



                                     JUDGMENT

Against Exts.P4 and P5 notices issued to the petitioner, the

petitioner has chosen to prefer Ext.P12 appeal before the 2 nd respondent,

Committee. The limited prayer at this stage is for a direction to the 2 nd

respondent to consider and pass orders on the appeal, expeditiously, after

hearing the petitioner.

2.I have heard the learned counsel appearing for the petitioner and

also the learned Government Pleader appearing for the 3 rd respondents. In

the nature of the order that I propose to pass, I do not deem it necessary to

hear the respondent Panchayath.

On a consideration of the facts and circumstances of the case as also

the submissions made across the Bar, I dispose the writ petition by

directing the 2nd respondent to consider and pass orders on Ext.P12 appeal

preferred by the petitioner against Exts.P4 and P5 notices, within a period

of six weeks from the date of receipt of a copy of this judgment, after

hearing the petitioner. Coercive steps pursuant to Exts.P4 and P5 notices

shall be kept in abeyance till such time as orders are passed by the 2 nd

respondent as directed and the orders communicated to the petitioner. The

petitioner shall produce a copy of the writ petition together with a copy of

this judgment, before the 2nd respondent, for further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

SJ WP(C).No.2684 OF 2021(I)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY THE 1ST RESPONDENT ON 13.11.2020 ISSUED IN THE NAME OF THE PETITIONER

EXHIBIT P2 TRUE PHOTOGRAPH OF THE LOGGING OF THE RAIN WATER INSIDE THE HOUSE COMPOUND OF THE PETITIONER DURING RAINY SEASON IN THE YEAR

EXHIBIT P3 TRUE PHOTOGRAPH OF THE ROAD IN FRONT OF THE PETITIONERS HOUSE AFTER PUTTING ADDITIONAL CEMENT PLASTERING

EXHIBIT P4 TRUE COPY OF THE NOTICE/ORDER DATED 17.11.2020 ISSUED BY THE 1ST RESPONDENT AND RECEIVED BY THE PETITIONER ON 28.1.2021

EXHIBIT P5 TRUE COPY OF THE NOTICE/ORDER ISSUED BY THE 1ST RESPONDENT ON 22.1.2021 AND RECEIVED BY THE PETITIONER ON 28.1.2021

EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 28.1.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AGAINST EXHIBIT P4 ND P5

EXHIBIT P7 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 28.1.2021 ISSUED BY THE 1ST RESPONDENT EVIDENCING RECEIPT OF EXHIBIT P6

EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 2.6.2020 SENT BY THE PETITIONER ADDRESSED TO THE 1ST RESPONDENT

EXHIBIT P9 TRUE COPY OF THE ACKNOWLEDGEMENT DATE 2.6.2020 ISSUED BY THE 1ST RESPONDENT EVIDENCING RECEIPT OF EXHIBIT P8

EXHIBIT P10 TRUE COPY OF THE COMPLAINT DATED 8/6/2020 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

EXHIBIT P11 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 9.6.2020 ISSUED BY THE 1ST RESPONDENT EVIDENCING RECEIPT OF EXHIBIT P10

EXHIBIT P12 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED WP(C).No.2684 OF 2021(I)

29.1.2021 FILED BY THE PETITIONER AGAINST EXHIBIT P4 AND P5 NOTICES

EXHIBIT P13 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 29.1.2021 ISSUED BY THE 2ND RESPONDENT EVIDENCING RECEIPT OF EXHIBIT P12