Anitha vs State Of Kerala
2021 Latest Caselaw 21188 Ker

WP(C) NO. 19398 OF 2021                1



                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                   THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

          WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943

                             WP(C) NO. 19398 OF 2021

PETITIONER/S:
      1        ANITHA
               AGED 30 YEARS
               W/O. SENTHAMARA, KUNDALAKULAMBU, MUTHALAMADA, MUTHALAMADA,
               P.O. PALAKKAD DISTRICT 678 507.
      2        KANNAN,
               AGED 45 YEARS
               S/O. KUTTIPUTHAN,
               KUNDALAKULAMBU, MUTHALAMADA, MUTHALAMADA, P.O. PALAKKAD
               DISTRICT 678 507.
               BY ADV K.ABOOBACKER SIDHEEQUE

RESPONDENT/S:
      1        STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
               SCHEDULED CASTES AND SCHEDULED TRIBES, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM DISTINCT, 695 001.
      2        THE REVENUE DIVISIONAL OFFICER,
               PALAKKAD, OFFICE OF THE REVENUE DIVISIONAL OFFICER PALAKKAD,
               PALAKKAD DISTRICT 678 001.
      3        THE TAHSILDAR,
               CHITTUR , TALUK OFFICE, CHITTUR P.O., PALAKKAD DISTRICT 678
               101.
      4        THE TRIBAL OFFICER,
               CHITTUR, TRIBAL OFFICE CHITTUR, CHITTUR P.O., PALAKKAD
               DISTRICT 678 101.
      5        RASOOL,
               S/O. MUTHURAVUTHAR, KUNDALAKULAMBU, MUTHALAMADA, MUTHALAMADA
               P.O. PALAKKAD DISTRICT 678 507.
      6        MUTHALAMADA GRAMA PANCHAYATH,
               PANCHAYATH OFFICE, MUTHALAMADA P.O., PALAKKAD DISTRICT, 678
               507, REPRESENTED BY ITS SECRETARY.
      7        THE VILLAGE OFFICER
               MUTHALAMADA-I, VILLAGE, CHITTUR TALUK, MUTHALAMADA P.O.
               PALAKKAD DISTRICT 678 507.
               SRI.M.K.ROBINRAJ, SPL.GP.
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION                 ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19398 OF 2021            2




                     P.V.KUNHIKRISHNAN, J
                --------------------------------------------
                    W.P.(C.) No.19398 of 2021
                   --------------------------------------
             Dated this the 20th day of October, 2021


                             JUDGMENT

The above writ petition is filed with following prayers :

(I) Issue a writ in the nature of mandamus commanding second respondent to consider Exhibit-P1 and pass appropriate orders as contemplated under section 17 (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, after hearing the petitioners within a time frame;

(II) Issue a writ in the nature of mandamus commanding second respondent to consider Exhibit-P1 and pass appropriate orders as contemplated under section 133 (1) (a) of CrPC, after hearing the petitioners within a time frame;

(III) Issue a writ in the nature of mandamus commanding second respondent take effective action for tarring the road which connects Kundalakulambu from the Pothabadam- Vellaramkadavu Road, Muthalamada;

IV) Declare that the road which connects Kundalakulambu from the Pothabadam-Vellaramkadavu Road,Muthalamada is public road; and

V) Issue such other writ order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. The petitioners belong to Malasar tribal community.

The petitioners reside at Kundalakulambu, a tribal area in

Palakkad District. According to the petitioners, there is a

public road, which connects Kundalakulambu. It is their case

that same is the only access to Kundalakulambu. It has been

used as a pathway by the inhabitants of Kundalakulambu and

their predecessors. It is also stated in the writ petition that

due to present monsoon fury, the road got damaged. When

the petitioners and others started repairing the road, the

petitioner says that the 5th respondent created obstruction

making unnecessary allegation. In such circumstances, this

writ petition is filed.

3. Heard the learned counsel for the petitioners and

the learned Government Pleader. Even though notice was

issued to the 5th respondent, there is no appearance for the

5th respondent.

4. The learned counsel for the petitioners submitted

that the petitioners will be satisfied if a direction is issued to

consider Ext.P1 representation, in the light of Exts. P4 and P5

reports. The learned Government Pleader submitted that

Ext.P1 will be considered by the authority concerned, in

accordance to law.

5. In the light of the above submission, I think this writ

petition can be disposed directing the 2nd respondent to

dispose Ext.P1, within a time frame.

Therefore, this writ petition is disposed in the following

manner :

1) The 2nd respondent is directed to consider Ext.P1

representation, as expeditiously as possible, within

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

judgment.

2) While considering Ext.P1, the 2nd respondent will

consider Exts.P4 and P5 reports also.

3) The 2nd respondent will hear a representative of the

petitioners, the 5th respondent and other affected

parties, if any, before passing final orders in Ext.P1.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 19398/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE MASS REPRESENTATION DATED 24.08.2021 SUMMITED BY PETITIONERS ALONG WITH OTHER INHABITANTS OF KUNDALAKULAMBU BEFORE THE SECOND RESPONDENT.

Exhibit P2 A TRUE COPY OF THE RECEIPT NO. EC NO.

3280/2021 DATED 24.08.2021 ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT.

Exhibit P3 A TRUE COPY OF THE RECEIPT NO. EC NO.

3281/2021 DATED 24.08.2021 ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT.

Exhibit P4 A TRUE COPY OF THE REPORT DATED 13.9.2021 FILED BY THE SEVENTH RESPONDENT BEFORE THE THIRD RESPONDENT

Exhibit P5 A TRUE COPY OF THE REPORT DATED 29.9.2021 FILED BY THE THIRD RESPONDENT BEFORE THE SECOND RESPONDENT