Joshy.V.J vs Erumely Grama Panchayath
2021 Latest Caselaw 22947 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                        WP(C) NO. 24055 OF 2021
PETITIONER:
           JOSHY.V.J
           AGED 30 YEARS
           S/O.V.D JOY, VALLIMALA VEEDU, KANAMALA P.O.,
           ERUMELY, KOTTAYAM DISTRICT

          BY ADVS.
          P.A.MOHAMMED SHAH
          MUHAMMED JANAISE V.
          ASWIN KUMAR M J
          MOHAMED MUSTHAFA A.K.
          HELEN P.A.
          SHAHIR SHOWKATH ALI



RESPONDENTS:
     1     ERUMELY GRAMA PANCHAYATH
           ERUMELY P.O., KOTTAYAM DISTRICT, PIN 686 509,
           REP.BY ITS SECRETARY

    2     SECRETARY
          ERUMELY GRAMA PANCHAYATH, ERUMELY P.O.,
          KOTTAYAM DISTRICT, PIN 686 509

    3     ASSISTANT EXECUTIVE ENGINEER
          PWD ROADS SUB DIVISION, KANJIRAPPALLY, PIN 686 506

    4     SRI. JOBY JOSE
          NELLOLIPOYKE, KANAMALA P.O.,
          KOTTAYAM DISTRICT, PIN 686 510

    5     SRI. MARTIN JACOB, PANTHIRUVELIL HOUSE, KANAMALA P.O,
          KOTTAYAM DISTRICT, PIN 686 510

          BY ADV CHITHRA CHANDRASEKHARAN


          APPU.P.S-GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24055 OF 2021

                                            2


                                    JUDGMENT

This writ petition is filed seeking the following reliefs:

i) To issue a writ of mandamus directing the Respondents 1 to 3 to demolish the illegal construction carried out by the Respondents 4 and 5 at Kanamala Junction, Erumely Grama Panchayat.

ii) To direct the 1st and 2nd Respondents to provide Autorickshaws stand at Kanamala junction, Erumely Grama Panchayat.

iii) To direct the 2nd respondent to consider and pass appropriate orders on Exhibit P2 and P4.

iv) To direct the 3rd respondent to consider and pass appropriate orders on Exhibit P6 representation.

2. Heard the learned counsel for the petitioner and the learned

Government Pleader as well as the learned Standing Counsel appearing

for the respondent Panchayath. In view of the directions being issued,

notice to respondents 4 and 5 is dispensed with.

3. It is submitted by the learned counsel for the petitioner that

Ext.P2 representation has been submitted by the petitioner before the

2nd respondent. It is submitted that though Exts.P6 and P9 requests had

been made for allocation of parking space, no steps have been taken

thereon.

WP(C) NO. 24055 OF 2021

4. The learned counsel appearing for respondents 2 and 3 submits

that Ext.P9 request has been received by the Panchayath and that a

decision will be taken by the Panchayath on the same.

There will, accordingly, be a direction to respondents 1 and 2 to

take appropriate steps on Ext.P9 representation preferred by the

petitioner. Ext.P2 representation shall also be duly considered by the 2 nd

respondent. Appropriate follow up action shall be taken within a period

of one month from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 24055 OF 2021

APPENDIX OF WP(C) 24055/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE COURT IN WP(C) NO.6488/2020 DATED 9.9.2021

Exhibit P2 THE TUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 13.9.2021

Exhibit P3 THE TRUE COPY OF THE RECEIPT ISSUED BY THE PANCHAYATH DATED 14.9.2021

Exhibit P4 THE TRUE COPY OF THE PETITION FILED BY THE AUTO DRIVERS UNION BEFORE THE 2ND RESPONDENT DATED 13.9.2021

Exhibit P5 THE TRUE COPY OF THE RECEIPT DATED 14.9.2021 ISSUED BY THE PANCHAYATH

Exhibit P6 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT DATED 13.9.2021

Exhibit P7 THE TRUE COPY OF THE POSTAL ACKNOWLEDGMENT DATED 16.9.2021

Exhibit P8 THE PHOTOGRAPH OF THE CONSTRUCTIONS DATED NIL

Exhibit P9 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE PANCHAYATH DATED 22.11.2021