Alex Thomas vs Kalluvathukkal Grama Panchayat
2021 Latest Caselaw 23317 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                      WP(C) NO. 26524 OF 2021
PETITIONER:

         ALEX THOMAS
         AGED 60 YEARS
         S/O THOMAS, 'SUN VIEW HILL BENGLOW"
         VAINJATHU CHERRY, KARAMCODU.P.O,
         KALLUVATHUKKAL VILLAGE, KOLLAM DISTRICT, PIN-691579.

          BY ADV V.VENUGOPALAN NAIR



RESPONDENTS:

    1     THE KALLUVATHUKKAL GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYATH
          OFFICE, KALLUVATHUKKAL,
          PIN-691578.

    2     THE SECRETARY,
          KALLUVATHUKKAL GRAMA PANCHAYATH, GRAMA PANCHAYATH
          OFFICE, KALLUVATHUKKAL, PIN-691578.

    3     THE DEPUTY DIRECTOR OF PANCHAYATHS,
          CIVIL STATION, KOLLAM-691001.

    4     THE LAND RECORDS TAHASILDAR,
          (BHOOREKHA TAHSILDAR), KOLLAM TALUK, TALUK OFFICE,
          KOLLAM-691001.

    5     BIJU DEVAN,
          AGED 51 YEARS
          S/O.ARAVINDAKSHAN, 'ASWATHY', KARAMCODU.P.O,
          KALLUVATHUKKAL VILLAGE, KOLLAM DISTRICT,
          PIN-691579.

    6     SREENA,
          AGED 43 YEARS
          W/O.BIJU DEVAN, "ASWATHY', KARAMCODU.P.O,
          KALLUVATHUKKAL VILLAGE,
          KOLLAM DISTRICT,PIN-691579.


OTHER PRESENT:
 WP(C) NO. 26524 OF 2021           2


           SMT. SURYA BINOY- SR. G.P




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   25.11.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 26524 OF 2021           3

                             JUDGMENT

The petitioner, after arguing for some time,

confined his plea that the 2nd respondent be directed

to consider Ext.P3 representation of his, adverting

to Ext.P2 Stop Memo; and sought a further direction

to the 4th respondent to take up Ext.P1 application

for Survey and to dispose of both, within a time

frame to be fixed by this Court.

2. The learned Senior Government Pleader,

Smt.Surya Binoy, submitted if this Court is inclined

to grant relief to the petitioner as afore

requested, then the 2nd and 4th respondents may be

given liberty to hear respondents 5 and 6 also,

because there are certain allegations made against

them by the petitioner.

3. When I consider the afore submissions, it is

without doubt that since the petitioner only

requires Ext.P3 & P1 to be taken up and disposed of

by the 2nd respondent and 4th respondent respectively,

there cannot be any legal impediment in them doing

so.

In the afore circumstances, I allow this writ

petition to the limited extent of directing the 2nd

respondent to take up Ext.P3 representation of the

petitioner and dispose it of, after hearing him and

also adverting to Ext.P1 Stop Memo; with a further

direction to the 4th respondent to consider Ext.P1

application of the petitioner, after affording an

opportunity of being heard to him, as also to 5 th and

6th respondents; and to thus conclude necessary steps

and measures thereon, as expeditiously as is

possible, but not later than three months from the

date of receipt of a copy of this judgment.

For the afore purpose, the 2nd and 4th respondent

will notify respondents 5 and 6 appropriately and

record their version in the resultant order.

Needless to say, if Ext.P2 Stop Memo is still in

force, then the 2nd respondent will keep the same in

mind and ensure that it is implemented in terms of

law.

It goes without saying that after the afore

processes are completed, the petitioner will be at

liberty to approach any competent Authority for

further relief, if any, for which purpose, all

contentions of the rival parties are left open, to

be pursued appropriately at the relevant time.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/25.11

APPENDIX OF WP(C) 26524/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT DTD 17.9.21.

Exhibit P2 TRUE COPY OF THE STOP MEMO ISSUED BY THE 2ND RESPONDENT TO THE PARTY RESPONDENTS DTD 22-9-2021

Exhibit P3 TRUE COPY OF THE REPRESENTATION DTD 15-11-2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.