Citation : 2021 Latest Caselaw 19137 Ker
Judgement Date : 13 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
WP(C) NO. 18538 OF 2021
PETITIONER:
UNNIKRISHNAN
AGED 58 YEARS
S/O. KUMARAN, RADHA BHAVAN, THENHIPALAM P.O,
THIRUVANGADI, MALAPPURAM DISTRICT, PIN - 676636.
BY ADV K.P.SUJESH KUMAR
RESPONDENTS:
1 THE DISTRICT TELECOM COMMITTEE
THIRUVANANTHAPURAM, REPRESENTED BY THE ADDITIONAL
DISTRICT MAGISTRATE AND DEPUTY COLLECTOR,
MALAPPURAM, PIN - 676505.
2 THE DISTRICT COLLECTOR.,
COLLECTORATE, MALAPPURAM, PIN - 676505.
3 TENHIPALAM GRAMA PANCHAYATH
TENHIPALAM P.O, MALAPPURAM DISTRICT, PIN - 673636,
REPRESENTED BY ITS SECRETARY.
SMT. DEEPA NARAYANAN, SR, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18538 OF 2021
2
P.V.KUNHIKRISHNAN, J.
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WP(C) No. 18538 OF 2021
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Dated this the 13th day of September 2021
JUDGMENT
The above writ petition is filed with the following prayers;
" i) Issue a writ of mandamus or any other appropriate writ, direction or order commanding the second respondent to consider and pass appropriate orders in Exhibit P5 representation submitted by the petitioner as expeditiously as possible within a time limit to be prescribed by this Hon'ble Court, after affording a reasonable opportunity of hearing to all the affected parties.
ii) Issue a writ of mandamus or any other appropriate writ, direction or order commanding the first respondent keep in abeyance all further proceedings pursuant to Exhibit P6 order to the extent it concerns the petitioner till a decision is taken by the second respondent in Exhibit P5 representation.
iii) Issue such other further reliefs as this Hon'ble Court deem fit and proper to grant in the circumstances of the case."
2. When this matter came up for consideration, the learned
counsel for the petitioner limits his prayer for a consideration of WP(C) NO. 18538 OF 2021
Ext.P5 by the 2nd respondent within a time frame.
3. Heard the learned counsel for the petitioner and the learned
Government Pleader.
4. In the light of the limited prayer now seeks by the learned
counsel, I think, this writ petition can be disposed directing the 2 nd
respondent to consider Ext.P5 representation within a time frame.
Therefore this writ petition is disposed in the following manner.
1. The 2nd respondent is directed to consider Ext.P5
representation, as expeditiously as possible, at any rate within two
months from the date of receipt of a copy of this judgment.
2. Before passing final orders in Ext.P5, the 2 nd respondent will
hear the petitioner and all other affected parties.
(Sd/-)
P.V.KUNHIKRISHNAN JUDGE LU WP(C) NO. 18538 OF 2021
APPENDIX OF WP(C) 18538/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PEOPLE OF THE LOCALITY BEFORE THE THIRD RESPONDENT, DATED 19.01.2021.
Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY HALEEMA BEFORE THE THIRD RESPONDENT, DATED 20.01.2021.
Exhibit P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY MOHAMMED BASHEER BEFORE THE THIRD RESPONDENT, DATED 20.01.2021.
Exhibit P4 TRUE COPY OF THE MINUTES OF THE SPECIAL MEETING OF THE GRAMA SABHA HELD ON 28.01.2021.
Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON BEHALF OF THE ACTION COUNCIL BEFORE THE SECOND RESPONDENT, DATED 04.02.2021.
Exhibit P6 TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 28.06.2021.
// True Copy // PA To Judge
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