Kerala High Court
Surendran @ Manoharan vs Vellarada Grama Panchayat on 25 January, 2022
WP(C) No.2612/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Tuesday, the 25th day of January 2022 / 5th Magha, 1943
W.P.(C) NO. 2612 OF 2022 (B)
PETITIONER:
SURENDRAN @ MANOHARAN, AGED 59, S/O.SANKARA PANICKER, ERAMATHUVEEDU,
NELLISSERY, VELLARADA P.O., THIRUVANANTHAPURAM, PIN-695 505.
RESPONDENTS:
1. VELLARADA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VELLARADA
P.O., THIRUVANANTHAPURAM, PIN-695 505.
2. THE SECRETARY, VELLARADA GRAMA PANCHAYAT, VELALRADA P.O.,
THIRUVANANTHAPURAM, PIN-695 505.
3. SREEKANDAN.B., AVANI, MAMPAZHAKKARA, PERUMPAZHUTHOOR P.O.,
NEYYATTINKARA , THIRUVANANTHAPURAM, PIN-695 126.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Exhibit P12, pending disposal of the
above Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.R.T.PRADEEP, M.BINDUDAS & K.C.HARISH, Advocates for the petitioner,
STANDING COUNSEL for R1 & R2, and of SRI.ENOCH DAVID SIMON JOEL, Advocate
for R3 , the court passed the following:
[P.T.O.]
WP(C) No.2612/2022 2/4
T.R.RAVI, J.
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W.P.(C)No.2612 of 2022
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Dated this the 25th day of January, 2022
ORDER
Admit.
2. Standing Counsel takes notice for respondents 1 and
2. Sri.Enoch David Simon Joel takes notice for the 3 rd
respondent.
3. This writ petition is a continuation of the issues that
were involved in WP(C)No.17844 of 2021 in which a judgment
has been rendered today. The contention in this writ petition is
against an order passed by the Tribunal for Local Self
Government Institutions, whereby the appeal filed by the 3rd
respondent was allowed and it was decided to issue permission
under Rule 68 of the Kerala Panchayat Building Rules, 2019 to
the appellant therein for erection and installation of a temporary
hotmix plant.
4. This Court in the judgment in WP(C)No.17844 of 2021 has
directed the 2nd respondent to issue necessary permissions as
contemplated in the judgment of the Division Bench of this Court
in Jolly George v. George Elias and Associates reported in
[2022 (1) KLT 8] and as directed by the Tribunal in the
WP(C) No.2612/2022 3/4
W.P.(C)No.2612 of 2022
judgment in Appeal No.506/2021 (which is challenged in this writ
petition), on the basis of Ext.P6 application which had been
submitted by the 3rd respondent for setting up a temporary
hotmix plant.
In view of the above direction that has already been issued,
there is no scope for a further direction in this writ petition. Since
there is already a judgment of this Court, necessarily the
Secretary will have to consider the judgment of this court while
issuing necessary permissions to the 3 rd respondent. This Court
has only directed the Secretary to grant permit in accordance
with Rule 68 of the Kerala Panchayat Building Rules, 2019 and
whether any condition shall be imposed is for the Secretary to
decide. It will not be fair on the part of this Court to dictate the
manner in which permission should be issued.
Post the case after two weeks.
H/o
Sd/-
T.R.RAVI, JUDGE
sn
25-01-2022 /True Copy/ Assistant Registrar
WP(C) No.2612/2022 4/4
APPENDIX OF WP(C) 2612/2022
Exhibit P6 TRUE COPY OF THE MASS COMPLAINT DATED 27.08.2021 BEFORE
THE PRESIDENT OF GRAMA PANCHAYAT.
Exhibit P12 TRUE COPY OF THE ORDER DATED 15.12.2021 IN APPEAL
NO.506/2021 BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTIONS, THIRUVANANTHAPURAM.
