Shanti Joseph T vs Mala Grama Panchayat
2021 Latest Caselaw 23394 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA,
                                   1943
                       WP(C) NO. 6288 OF 2021
PETITIONER/S:

               SHANTI JOSEPH T.,
               AGED 46 YEARS
               MANAGING DIRECTOR, M/S.MALA CATHOLIC SOCIAL
               FORUM CHITTIES PVT.LTD., THATTAKATHIL BUILDINGS
               (OPP.KSRTC BUS STATION MALA, THRISSUR DISTRICT-
               680732.
               BY ADVS.
               G.HARIHARAN
               SRI.PRAVEEN.H.
               SMT.K.S.SMITHA
               SRI.V.R.SANJEEV KUMAR


RESPONDENT/S:

    1          MALA GRAMA PANCHAYAT
               MALA. REPRESENTED BY ITS SECRETARY, THRISSUR
               DISTRICT-680732.
    2          DISTRICT COLLECTOR,
               CIVIL STATION, AYYANTHOL, THRISSUR-681002.
               BY ADV SHRI.PHILIP T.VARGHESE, SC, MALA GRAMA
               PANCHAYATH

OTHER PRESENT:

               SMT.VIDYA KURIAKOSE, GP

        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   25.11.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                     -2-
W.P.(C). No. 6288 of 2021



                            P.V.KUNHIKRISHNAN, J.
                              =================================================

                              W.P.(C) No.6288 of 2021
                        =============================================================

                Dated this the 25th day of November, 2021

                                        JUDGMENT

The above writ petition is filed with following prayers:

"(i) Issue a writ of mandamus or any other appropriate writ or order commanding the Secretary of the 1 st respondent panchayat to take follow up action on Ext.P6 proceedings taken on 20.08.2020 without any further delay.

(ii) to pass such orders or reliefs as this Hon'ble Court deems fit in the interest of justice."

2. The main grievance of the petitioner is that the

Panchayat is not taking the follow up action based on Ext.P6

proceedings. Ext.P6 is a decision taken by the Mala Grama

Panchayat in connection with the water logging in the area

Mala Town -Canal Bund near KSRTC bus stand.

3. Today, when the matter taken up for consideration,

W.P.(C). No. 6288 of 2021

the learned Standing Counsel for the 1 st respondent submitted

that the follow up action is already taken and the Panchayat will

do the needful in accordance to law. The Standing Counsel also

submitted that the meeting was already conducted on

22.07.2021 and as per the decision, a request was given to the

local MLA to sanction fund for the work. The counsel also

submitted that as per Ext.P10 the MLA also replied to the

Panchayat with certain suggestions. From the above facts, it is

clear that the Panchayat is taking steps to do the needful.

Therefore, this writ petition is disposed of directing the 1 st

respondent to take follow up action based on Ext.P6,

expeditiously, so that the grievance of the petitioner will be

redressed.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 6288 of 2021

APPENDIX OF WP(C) 6288/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF PHOTOGRAPHS OF THE PRESENT POSITION OF THE BUND OF MALA TOWN CANAL.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 15.05.2020 SENT BY THE PETITIONER ADDRESSED TO SRI.V.R.SUNIL KUMAR THE HON'BLE MLA OF KODUNGALLUR.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 03.06.2020 SENT BY THE HON'BLE MLA SRI.V.R.SUNIL KUMAR ADDRESSED TO THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 16.05.2020 MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 21.05.2020 SENT BY THE 2ND RESPONDENT ADDRESSED TO THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE PROCEEDINGS MADE IN ITEM NO.13(1) OF THE PANCHAYATH COUNCIL MEETING HELD ON 20.08.2020.

EXHIBIT P7 TRUE COPY OF THE REQUEST DATED 24.11.2020 SENT BY THE PETITIONER ADDRESSED TO THE 1ST RESPONDENT. EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT EVIDENCING RECEIPT OF EXHIBIT P7 REQUEST ON 24.11.2020.

EXHIBIT P9 TRUE COPY OF THE REQUEST DATED 01.07.2021 MADE BY THE PETITIONER BEFORE THE KODUNGALLUR ASSEMBLY CONSTITUENCY MLA MR.SUNILKUMAR

W.P.(C). No. 6288 of 2021

EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 09.07.2021 ADDRESSED BY MR.V.R.SUNILKUMAR, MLA KODUNGALLUR ASSEMBLY CONSTITUENCY TO THE 1ST RESPONDENT