C.D.Joy vs Choornikkara Grama Panchayath
2021 Latest Caselaw 13543 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                        WP(C) NO. 6894 OF 2015
PETITIONER:

            C.D.JOY
            AGED 66 YEARS
            S/O.DEVASSY, CHITTILAPPILLY HOUSE, S.P.W.ROAD,
            THAIKKATTUKARA, ALUVA.
            BY ADVS.
            SRI.K.C.CHARLES
            SRI.M.POLY MATHAI
            SMT.A.T.RENJU
            SRI.VIMAL K.CHARLES


RESPONDENTS:

    1       CHOORNIKKARA GRAMA PANCHAYATH
            THAYIKKATTU KARA P.O., ALUVA - - 683 106, REPRESENTED
            BY ITS SECRETARY.
    2       PRESIDENT
            CHOORNIKKARA GRAMA PANCHAYAT, ALUVA 683 106.
            BY ADV SRI.ANIL K.MOHAMMED

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.6894/2015                         2




                                      JUDGMENT

This writ petition is filed by the petitioner seeking the following reliefs:

a) Pass a writ of mandamus and or any other writ or order directing the 2nd respondent to consider and dispose of Exhibit P5 say petition pending disposal of Exhibit P3 appeal and

b) Issue an order directing the 1 st respondent not to implement Exhibit P1 before disposal of Exhibit P3 appeal.

2. Apparently Exhibit P1 notice was issued by the Secretary of the

Choornikkara Grama Panchayath dated 24.2.2015 to the petitioner directing the

petitioner not to carry out construction of the well encroaching into a public road,

to which petitioner has filed an objection and thereafter preferred an appeal

before the committee of the Choornikkara Grama Panchayath. Evidently an

application is submitted by the petitioner seeking stay of the proceedings before

the President of the Grama Panchayath in contemplation of the provisions of law.

However, the order was not passed in the said interlocutory application. It was

thus seeking appropriate directions, this writ petition was filed.

3. I have perused the pleadings and materials on record. on 4.3.2015, an

interim order was passed by this Court which reads thus:

"

ORDER

The grievance of the petitioner is that though he has filed a statutory appeal before the second respondent, the said authority has not considered Exhibit P5 interlocutory application filed therewith. Ventilating his grievance on that count, the petitioner has filed the present writ petition.

The learned Standing Counsel takes notice for the respondents and seeks time to get instructions. Post the matter in one week.

In the meanwhile, there shall be an interim suspension of Exhibit P1."

4. Anyhow almost 6 years have elapsed since the filing of the writ petition

and at this stags of time, nothing survives to be considered in the writ petition.

However, if the appeal is still pending, there will be a direction to the Panchayath

Committee to take a decision in accordance with law, at the earliest possible time

and if that is the situation, the interim order will continue till such time. I make it

clear that if the proceedings are already over, the directions issued by this Court

would not in any manner bind the Panchayath Committee.

The writ petition is disposed of as above.

Sd/-

                                                           SHAJI P.CHALY

smv                                                             JUDGE




                       APPENDIX OF WP(C) 6894/2015

PETITIONER'S ANNEXURES

P1: A TRUE COPY OF NOTICE NO.C4-1056/15 DATED 24/2/2015 ISSUED BY THE SECRETARY OF THE 1ST RESPONDENT TO THE PETITIONER P1(A): A TRUE COPY OF ENGLISH TRANSLATION OF EXT.P1 P2: A TRUE COPY OF THE EXPLANATION DATED 26/2/2015 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY OF THE RESPONDENT P2(A):A TRUE COPY OF ENGLISH TRANSLATION OF EXT.P2 P3: A TRUE COPY OF THE APPEAL MEMORANDUM DATED 26/2/2015 FILED BY THE PETITIONER AGAINST EXT.P1 P4: A TRUE COPY OF THE POSTAL RECEIPT P5: A TRUE COPY OF THE STAY PETITION SUBMITTED ALONG WITH EXT.P3 APPEAL.