E.P.Muhammed vs The Revenue Divisional Officer
2021 Latest Caselaw 20290 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                        WP(C) NO. 20673 OF 2021
PETITIONER:

          E.P.MUHAMMED
          AGED 66 YEARS
          S/O MOYIN,
          ITTAPADAN HOUSE, PULIVETTA P.O, MALAPPURAM DISTRICT

          BY ADV K.RAKESH



RESPONDENTS:

    1     THE REVENUE DIVISIONAL OFFICER
          OFFICE OF THE REVENUE DIVISIONAL OFFICER,
          PERINTHALMANNA, MALAPPURAM DISTRICT, PIN-679322.

    2     THE SECRETARY
          KARUVARAKUND GRAMA PANCHAYATH, KARUVARAKUND P.O,
          MALAPPURAM DISTRICT, PIN-676523.

    3     THE KARUVARAKUND GRAMA PANCHAYATH, KARUVARAKUND P.O,
          MALAPPURAM DISTRICT, PIM-676 523,
          REPRESENTED BY ITS SECRETARY.

    4     THE STATION HOUSE OFFICER
          KARUVARAKUND POLICE STATION,
          KARUVARAKUND P.O, MALAPPURAM DISTRICT, PIN-676523

    5     RADHA
          AGED 52 YEARS
          D/O KARIKKA, VATTAPARAMBIL HOUSE, PULVETTA P.O,
          MALAPPURAM DISTRICT, PIN-676523.



          APPU.P.S-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20673 OF 2021

                                      2


                                 JUDGMENT

This writ petition is filed seeking directions to the 1 st

respondent to consider Ext.P2 representation preferred by the

petitioner and other residents of the Panchayath without delay.

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

Government Pleader.

3. The learned counsel for the petitioner submits that there is a

Panchayath road leading to the petitioner's residence which is called

the SK Colony Road and the road has been concreted using the fund

of the 3rd respondent Panchayath. It is submitted that the road is

connected to the PWD road and the 5th respondent owns a small

portion of land adjacent to the road. It is submitted that 20 families

are using the said road. It is submitted that the 5 th respondent is

obstructing the use of the road by the public. The petitioner has,

therefore, approached the 1st respondent with Ext.P2 representation

and several inhabitants of the locality has subscribed their signatures

to the said representation. The petitioner seeks a consideration of the

same.

WP(C) NO. 20673 OF 2021

After hearing the learned Government Pleader also, I am of the

opinion that the issue is liable to be considered by the 1 st respondent

in accordance with law. There will, accordingly, be a direction to the

1st respondent to take up Ext.P2 application and to consider and pass

orders on the same after putting the petitioner, respondents 2 and 3

as well as the 5th respondent and any other affected parties on notice

and after hearing them through any appropriate means, including

video conferencing, within a period of three months 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. 20673 OF 2021

APPENDIX OF WP(C) 20673/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PANCHAYATH ROAD

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 20.9.2021 SUBMITTED BY THE PETITIONER AND OTHERS TO THE 1ST RESPONDENT