Paul David Alias Poulose vs Sijo George
2022 Latest Caselaw 4441 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
                     WP(C) NO. 13930 OF 2022
PETITIONER:

          PAUL DAVID ALIAS POULOSE
          AGED 63 YEARS
          S/O. DEVASSIKUTTY,
          PADAYATTY HOUSE,
          KALADY P. O.,
          ALUVA - 683 574.

          BY ADVS.
          JITHIN SAJI ISAAC
          K.J.SAJI ISAAC
          ELIZABETH VARKEY
          AJEESH EMMANUEL
          SHAMSUDEEN O.K.


RESPONDENTS:

    1     SIJO GEORGE
          AGE AND FATHER NOT KNOWN,
          THEKKAN HOUSE,
          KALADY,
          KALADY P.O,
          ALUVA,
          PIN - 683 574.
    2     SOLLY
          AGE AND FATHER NOT KNOWN,
          THEKKAN HOUSE,
          KALADY,
          KALADY P.O,
          ALUVA,
          PIN - 683 574.
    3     ROSY GEORGE
          AGE AND FATHER NOT KNOWN,
          THEKKAN HOUSE,
          KALADY,
          KALADY P.O, ALUVA,
          PIN - 683 574.
    4     SECRETARY,
          KALADY GRAMA PANCHAYAT
          KALADY P. O,
          ALUVA,
          PIN - 683 574.
 W.P.(C) NO.13930 OF 2022

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       5       THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT
               INSTITUTIONS
               SAPHALYAM COMPLEX,
               4TH FLOOR,
               TRIDA BUILDING,
               UNIVERSITY P. O.,
               THIRUVANANTHAPURAM - 695 034
               REPRESENTED BY ITS SECRETARY.

               SRI. WILSON URMESE
               SRI. RAJEEV JYOTHISH - GP



        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
   ADMISSION    ON   12.04.2022,   THE   COURT   ON   THE    SAME   DAY
   DELIVERED THE FOLLOWING:
 W.P.(C) NO.13930 OF 2022

                              3




                           JUDGMENT

The grievance of the petitioner is that pursuant to

the order passed by the 5th respondent and as per the

directions contained in judgment dated 18.01.2022, the

4th respondent has issued Ext.P3 order against which

the petitioner has preferred Ext.P4 appeal before the

Panchayat committee.

2. I have heard the learned counsel for the

petitioner as well as Sri.Wilson Urmese, learned counsel

appearing for the 4th respondent.

3. The grievance raised by the petitioner is that

pending consideration of Ext.P4, the 4th respondent is

taking steps to implement Ext.P3. Therefore, this writ

petition is disposed of with a direction to the committee

of the Kalady Grama Panchayat to take up and decide

Ext.P4 appeal, within a period of three weeks from the W.P.(C) NO.13930 OF 2022

date of receipt of a copy of this judgment. It is made

clear that, till a decision is taken on Ext.P4 as directed

above, the implementation of Ext.P3 order shall be kept

in abeyance.

With the abovesaid direction, the writ petition is

disposed of.

Sd/-

VIJU ABRAHAM JUDGE SPR W.P.(C) NO.13930 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE ORDER IN COMPLAINT NO.449 OF 2021 BEFORE THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WP(C) 1711 OF 2022 BEFORE THE HONOURABLE HIGH COURT OF KERALA.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.A2-557/2021 DATED 26.03.2022 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE APPEAL FILED BEFORE THE PANCHAYAT COMMITTEE ALONG WITH ITS ACKNOWLEDGEMENT.

        RESPONDENTS EXHIBITS:     NIL.