Padmini.S vs Vengola Grama Panchayath
2022 Latest Caselaw 10003 Ker

WP(C) NO. 6453 OF 2013                   1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                 THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
           WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                               WP(C) NO. 6453 OF 2013
    AGAINST THE ORDER/JUDGMENTOS 144/2012 OF SUB COURT, PERUMBAVOOR
PETITIONER/S:

               PADMINI.S.
               AGED 50 YEARS
               D/O. SANKARAN NAIR, KARAVATTU HOUSE, ALLAPARA P.O.,
               VENGOLA VILLAGE, PERUMBAVOOR, PIN-683 556.

               BY ADVS.
               SRI.S.RENJITH
               SMT.RENU V.GOPAL
               SRI.GEORGE MATHEW ONATTUPARAMBIL
               SRI.K.O.SANTHOSH


RESPONDENT/S:
     1     VENGOLA GRAMA PANCHAYATH
           VENGOLA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT, REP. BY ITS
           SECRETARY-683556.

       2       N.S.MANOJ
               S/O NEELAKANDAN NAIR, KARAVATTU HOUSE, ALLAPARA P.O.,
               VENGOLA VILLAGE, PERUMBAVOOOR, PIN:683556.

               BY ADVS.
               SRI.SIRAJ KAROLY
               SRI.ASP.KURUP
               SRI.ASP.KURUP
               SRI.SADCHITH.P.KURUP


       THIS    WRIT      PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6453 OF 2013                 2




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                        W.P.(C) No.6453 of 2013
                     --------------------------------------
                Dated this the 31st day of August, 2022


                                  JUDGMENT

The above writ petition is filed with following prayers :

(i) Issue a writ of certiorari or any other appropriate writ, order or direction for quashing Ext.P6 notice issued by the 1 st respondent as it has been issued without any authority and the same is illegal.

(ii) Pass such other writs, orders or directions as this Hon'ble Court may deems just, fit and necessary in the facts and circumstances of this case.

(iii) Allow this writ petition with cost." [SIC]

2. The writ petition is filed challenging Ext.P6 stop

memo. No interim order is passed in this writ petition. The writ

petition is pending from 2013 onwards. If there is any surviving

grievance to the petitioner now, the petitioner is free to

approach the Panchayat.

With the above observation, this writ petition is closed.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX

PETITIONER'S EXHIBITS

EXT.P1 COPY OF THE APPENDIX A2 INTIMATION UNDER RULE 133 OF THE KERALA PANCHAYAT BUILDING RULES SUBMITTED BEFORE THE 1ST RESPONDENT.

EXT.P2 COPY OF THE RECEIPT DATED 20.7.2012 EVIDENCING THE ACCEPTANCE OF THE PLAN AND INTIMATION TO THE PANCHAYAT.

EXT.P3 COPY OF THE ORDER IN IA NO.1321 OF 2012 IN OS NO.144 OF 2012 OF THE SUB COURT PERUMBAVOOR

EXT.P4 COPY OF THE JUDGMENT DATED 7.9.2012 IN WPC NO. 19923 OF 2012 OF THIS HON'BLE COURT

EXT.P5 COPY OF THE ORDER IN IA NO 5133/2012 IN CMA NO. 73 OF 2012 OF THE ADDL. DISTRICT COURT ERNAKULAM

EXT.P6 COPY OF THE ORDER OF THE RESPONDENT DATED 29.1.2013 DIRECTING TO STOP THE FURTHER CONSTRUCTION

EXT.P7 COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE RESPONDENT TO EXT.P6 STOP MEMO

RESPONDENT'S EXHIBITS : NIL