The Vengola Grama Panchayath ... vs The Chief Engineer (Lid And Ew)
2021 Latest Caselaw 5949 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                       WP(C).No.4276 OF 2021(H)




PETITIONER:

               THE VENGOLA GRAMA PANCHAYATH COMMITTEE
               REPRESENTED BY ITS PRESIDENT, VENGOLA P.O.683 566,
               (N,B, HAMEED, S/O BAVA, AGED 54,
               NEDUMKALAMUNDAYATH, WEST VENGOLA P.O.PERUMBAVOOR-
               683 556

               BY ADVS.
               SRI.ALEX.M.SCARIA
               SMT.SARITHA THOMAS
               SRI.A.J.RIYAS

RESPONDENTS:

      1        THE CHIEF ENGINEER (LID AND EW)
               UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM,
               THIRUVANANTHAPURAM, KERALA-695 033.

      2        SRI. ELDOSE PAUL,
               ASSISTANT ENGINEER, LID AND EWD DIVISION, VENGOLA
               GRAMA PANCHAYATH, VENGOLA P.O.ERNAKULAM-683 556.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
          ==================
                W. P. (C) No.4276 of 2021
          ==================
         Dated this the 18th day of February, 2021

                        JUDGMENT

The writ petition is filed challenging the

order of transfer of the second respondent from the

Vengola Grama Panchayat to Kothamangalam

Municipality.

2. The challenge is raised by the Panchayat

Committee. The contention of the petitioner is that

the ongoing projects will be affected consequent to

the transfer.

3. The writ petition is not liable to be

entertained. It cannot be accepted that only the

second respondent possesses the necessary expertise

in the matter and familiarity with the projects. So

also, a challenge regarding the transfer of the W. P. (C) No.4276 of 2021

second respondent is not entertainable at the

instance of the third party.

Writ petition fails and is accordingly

dismissed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.4276 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 12.2.2021 BEARING NO E3-2100/08/CE/LSGD

EXHIBIT P2 TRUE COPY OF THE REQUEST MADE BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT

EXHIBIT P3 TRUE COPY OF THE COVERING LETTER DATED 5.2.2021, WHICH HAS BEEN SENT BY E-MAIL

EXHIBIT P4 TRUE COPY OF THE UNANIMOUS DECISION TAKEN IN THE MEETING HELD ON 16.2.2021 BY THE PETITIONER COMMITTEE AUTHORISING ITS PRESIDENT TO APPROACH COURT

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