Aravindakshan Nair vs District Collector
2022 Latest Caselaw 9505 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                   WP(C) NO. 2285 OF 2012
PETITIONER:
          ARAVINDAKSHAN NAIR
          AGED 64 YEARS
          S/O.KUNJIRAMAN NAIR, ELAMPILAKADU PUTHUVEEDU,
          AYNICODU, VENCHEMPU.P.O., PUNALUR-69133.
          BY ADV SRI.JOHNSON GOMEZ

RESPONDENTS:
    1     DISTRICT COLLECTOR
          REP. BY ITS SECRETARY, ANCHAL,
          KOLLAM DISTRICT-691306
    2     DISTRICT COLLECTOR
          KOLLAM DISTRICT-691 001
    3     THE TAHSILDAR
          TALUK OFFICE, PATHANAPURAM-689 695
    4     THE VILLAGE OFFICER
          KARAVALLOOR VILLAGE, 691 318
    5     BLOCK DEVELOPMENT OFFICER
          BLOCK OFFICE, ANCHAL BLOCK, ANCHAL, KOLLAM
          DISTRICT-691306
    6     ASST.EXECUTIVE ENGINEER
          PWD BUILDING SUB DIVISION, PUNALUR, KOLLAM
          DISTRICT-691305.
    7     THE SECRETARY
          ANCHAL BLOCK GRAMAPANCHAYAT,
          ANCHAL-691 306.
 ADDL.R8 SRI VENCHAMBU SURENDRAN
          KOTTOOR KIZHAKKEKKARA VEEDU,
          MATHRA PO., NEDUMALA, KOLLAM.
          IS IMPLEADED AS PER ORDER DATED 9.2.15 IN IA
          1844/15.
          BY ADV SRIP.S.SUJETH
          SMT.VIDYA KURIAKOSE, GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.2285/2012

                                       2



                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                     W.P.(C).No.2285 of 2012
              ----------------------------------------------
            Dated this the 25th day of August, 2022


                             JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ order or direction in the nature of mandamus directing the 1st respondent Anchal Block Grama Panchayat and the 5th respondent therein to direct the engineer's concerned to get the fully signed M-book of the works completed by the petitioner under Ext P1 and also under Ext P7 and P8 directions, within a time limit and to recall the proceedings under Ext P2, in the interest of justice.

ii. To issue writ order or direction in the nature of mandamus directing the 5th respondent to complete the proceedings under Ext P7 direction and also direct the respondents 3 and 4 to keep in abeyance the further proceedings under Ext P3, till the entire M-book are signed by the engineers concerned under the work of the petitioner under Anchal Block panchayat, in the interest of justice. iii. Issue appropriate orders enabling the petitioner to recover the full costs incurred for the institution and conduct of the writ petition from the respondent. (SIC) W.P.(C).No.2285/2012

2. The main prayer in the writ petition is for issuing a

direction to the 1st respondent Anchal Block Grama Panchayat

and the 5th respondent to direct the engineers concerned to

get the fully signed M-book of the work completed by the

petitioner under Exts.P1, Ext.P7 and P8, within a time limit

and to recall the proceedings under Ext.P2, in the interest of

justice. This writ petition is pending from 2012 onwards.

3. When this writ petition came up for consideration,

the learned Government Pleader submitted that in the counter

affidavit, it is clearly stated that the first prayer in the writ

petition is already complied with. If that is the case, nothing

survives in this writ petition. If there is any further grievance

to the petitioner, he is free to approach the competent

authority among the respondents.

With the above observation, this writ petition is closed.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.2285/2012

APPENDIX OF WP(C) 2285/2012

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY THE CONTRACT AGREEMENT DATED 20.04.2005 EXECUTED BY THE PETITIONER Exhibit P2 TRUE PHOTOSTAT COPY OF THE THE LETTER DATED 9 22.12.2009 OF THE 5TH RESPONDENT Exhibit P3 TRUE PHOTOSTAT COPY OF THE RECOVERY ATTACHMENT NOTICE DATED 03.07.2010 Exhibit P4 TRUE PHOTOSTAT COPY OF THE LETTER DATED 28.01.2010 ISSUED BY THE 5TH RESPONDENT.

Exhibit P5 TRUE PHOTOSTAT COPY OF THE LETTER DATED 10.03.2010 OF THE 5TH RESPONDENT Exhibit P6 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 04.08.2010 BEFORE THE 2ND RESPONDENT Exhibit P7 TRUE PHOTOSTAT COPY OF THE LETTER DATED 5.01.2011 BY THE 5TH RESPONDENT Exhibit P8 TRUE PHOTOSTAT COPY OF LETTER DATED 24.01.2011 BY THE 5TH RESPONDENT Exhibit P9 TRUE PHOTOSTAT COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT Exhibit P10 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 30.12.2011 BEFORE THE 7TH RESPONDENT.

Exhibit P11 A TRUE COPY OF THE MINUTES OF THE MEETING DATED 10.04.2005, FRAUDULENTLY CONVENED BY SRI VENCHAMBU SURENDRAN.