P.D. Oommen vs State Of Kerala
2021 Latest Caselaw 13550 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. 19404 OF 2014
PETITIONER:

            P.D. OOMMEN
            AGED 72 YEARS
            S/O.LATE DAVID, PUTHENPURACKAL HOUSE, EDATHARA,
            VADASSERIKKARA P.O, PATHANAMTHITTA DISTRICT.
            BY ADVS.
            SRI.V.PHILIP MATHEW
            SRI.GIBI.C.GEORGE


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF
            GOVERNMENT INSTITUTIONS, KERALA GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.
    2       PATHANAMTHITTA DISTRICT PANCHAYAT
            DISTRICT PANCHAYAT OFFICE, PATHANAMTHITTA-689694
            REPRESENTED BY ITS SECRETARY.
    3       THE PRESIDENT
            PATHANAMTHITTA DISTRICT PANCHAYAT, DISTRICT PANCHAYAT
            OFFICE, PATHANAMTHITTA-689694
    4       THE ASSISTANT EXECUTIVE ENGINEER
            L.S.G.D SUB DIVISION, RANNY BLOCK PANCHAYAT,
            PATHANAMTHITTA DISTRICT-689 672.
    5       THE EXECUTIVE ENGINEER
            L.S.G.D.DIVISION, PATHANAMTHITTA DISTRICT -689 694
    6       VADASSERIKKARA GRAMA PANCHAYAT
            VADASSERIKKARA, PATHANAMTHITTA DISTRICT-689 672
            REPRESENTED BY ITS SECRETARY.
    7       THE ASSISTANT ENGINEER
            L.D.G.D, VADASSERIKKARA GRAMA PANCHAYAT,
            VADASSERIKKARA, PATHANAMTHITTA DISTRICT-689 672.
    8       K. SANTHOSH
            KAVUMPURATH HOUSE, EDATHARA, VADASSERIKKARA P.O. EAST
            SIDE OF MTLPS PADI - THEKKUMALA ROAD,
            PATHANAMTHITTA DISTRICT - 689 662.
    9       O.N. YESHODHARAN
            (WARD MEMBER NO.12), VADASSERIKKARA GRAMA PANCHAYAT
            VADASSERIKKARA, PATHANAMTHITTA DISTRICT- RESIDING AT
            OLICKAL HOUSE, EDATHARA, VADASSERIKKARA GRAMA
            PANCHAYAT, VADASSERIKKARA, PATHANAMTHITTA DISTRICT-689
 W.P.(C) No.19404/2014               2


              672.
     10       P.C. ABRAHAM
              PUTHENPURACKAL HOUSE, EDATHARA, VADASSERIKKARA P.O
              PATHANAMTHITTA DISTRICT- 689 662.

              SRI.VARGHESE M EASO,STANDING COUNSEL FOR R2
              SRI.SURIN GEORGE IPE,SENIOR GOVERNMENT PLEADER FOR R1
              SMT.SAJITHA GEORGE FOR R6
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.19404/2014                            3




                                         JUDGMENT

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

i. Issue a writ of mandamus or other appropriate writ or order directing the 6 th respondent Panchayat to take appropriate steps to remove the obstructions caused by the 8th respondent in the canal passing through his property on the side of MTLPS pady -Thekkummala road.

ii. Issue a writ of mandamus or other appropriate writ or order directing 6 th respondent Panchayat not to construct any culverts/sewage (chappathu) at MTLPS pady - Thekkummala road without following the procedures prescribed in Kerala Panchayat Raj (Execution of Public Works) Rules, 1997.

iii. Issue a writ of mandamus or other appropriate writ or order directing commanding respondents 2 and 10 to complete the constructions works at MTLPS pady - Thekkummala road as per Exhibit P2 report.

iv. Issue a writ of mandamus or other appropriate writ or order directing the 6 th respondent to take appropriate action on Exhibit P3 within a time limit specified by this Hon'ble Court.

v. Pass such other orders considering the facts and circumstances of the case in exercise of the extraordinary jurisdiction of this Hon'ble Court.

2. A detailed deliberation of the matter is not required since the

Pathanamthitta District Panchayath and the President of the District Panchayath

have filed a common counter affidavit stating that the respondent District

Panchayath as per Exhibit R2(c) resolution No.III(8) in its meeting held on

3.9.2014 has deleted the project from its annual plan. In that view of the matter,

I do not think any of the contentions advanced by the petitioner and the reliefs

sought for in the writ petition would need adjudication.

The writ petition is disposed of recording the decision of the District

Panchayath as is stated above.

Sd/-

                                                    SHAJI P.CHALY

smv                                                         JUDGE





PETITIONER'S ANNEXURES
                     EXT.P1 - COPY OF REPORT NO.1/AEE/RBP/GNL
                     DATED 11-7-2012 SUBMITTED BY THE 4TH
                     RESPONDENT.

EXT.P2 - COPY OF THE ESTIMATE REPORT FILED BY RESPONDENTS 4 AND 7 EXT.P3 - COPY OF THE REPRESENTATION DATED 21-

6-2014 SUBMITTED BY PETITIONER AND OTHERS.

EXT.P4 - COPY OF THE RECEIPT DATED 23-6-2014 ISSUED FROM THE OFFICE OF THE 6TH RESPONDENT PANCHAYAT.

EXHIBIT R2 A TRUE COPY OF THE RESOLUTION NO. I(2) OF THE EMERGENCY MEETING DATED 01.03.2013 OF THE 2ND RESPONDENT DISTRICT PANCHAYAT EXHIBIT R2 B TRUE COPY OF THE RESOLUTION NO.III(6) OF THE MEETING DATED 07.10.2013 OF THE 2ND RESPONDENT DISTRICT PANCHAYAT.

EXHIBIT R2 C TRUE COPY OF THE RESOLUTION NO.III(8) OF THE MEETING DATED 03.09.14 OF THE 2ND RESPONDENT DISTRICT PANCHAYAT.