Prashantha Crasta vs State Of Kerala
2022 Latest Caselaw 973 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
                       WP(C) NO. 30597 OF 2021
PETITIONER:

            PRASHANTHA CRASTA, AGED 33 YEARS,
            S/O. ALEX CRASTA, PERIYADKA HOUSE, BELA POST AND
            VILLAGE, VIA KUMBLA, KASARAGOD DISTRICT,PIN-671 321.

            BY ADVS.PUSHPARAJAN KODOTH
            K.JAYESH MOHANKUMAR
            VANDANA MENON
            VIMAL VIJAY


RESPONDENTS:

    1       STATE OF KERALA, REPRESENTED BY THE SECRETARY,
            REVENUE (L) DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.

    2       DISTRICT COLLECTOR,
            CIVIL STATION, VIDYANAGAR, KASARAGOD, PIN-671 123.

    3       REVENUE DIVISIONAL OFFICER,
            KASARAGOD - 671 121.

    4       TAHSILDAR,
            TALUK OFFICE, KASARAGOD - 671 121.

    5       VILLAGE OFFICER,
            BELA VILLAGE, P.O. BELA, KASARAGOD - 671 321.

    6       BADIADKA GRAMA PANCHAYATH,
            REPRESENTED BY THE SECRETARY, BELA POST,
            KASARAGOD DISTRICT, PIN-671 321.

            BY ADVS. I.V.PRAMOD
            SMT.K.AMMINIKUTTY, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30597 OF 2021
                               -2-

                            JUDGMENT

Amidst the various assertions, averments and

contentions made and urged in this writ petition,

the petitioner only requires the 2nd respondent -

District Collector, to take up his Ext.P2

complaint and dispose it of, within a time frame

to be fixed by this Court; with an adscititious

plea that the 6th respondent - Panchayat, be

directed not to construct a culvert mentioned in

the pleadings of this case.

2. Sri.Kodoth Pushpakaran - learned counsel

appearing for the petitioner, submitted that, in

fact, Ext.P2 has already been acted upon by the 3 rd

respondent - Revenue Divisional Officer (RDO); and

therefore, prayed that the said Authority be

directed to complete proceedings thereon, without

any avoidable delay.

3. Sri.I.V.Pramod - learned Standing Counsel WP(C) NO. 30597 OF 2021

appearing for the Panchayat, submitted that,

though he does not stand in the way of the 3 rd

respondent taking up and disposing of Ext.P2, his

client may also be directed to be given an

opportunity of being heard, particularly because,

as of today, there is no water flowing through the

'Thodu' in question.

4. The learned Senior Government Pleader -

Smt.K.Amminikutty, submitted that if Ext.P2 is

still pending before the 3rd respondent and the

petitioner only requires the same to be taken up

and disposed of by him, there does not appear to

be any legal impediment in doing so; however,

praying that this Court may not make any

affirmative declarations in his favour in this

judgment and leave it to the said Authority to

take an apposite decision, as per law.

In the afore circumstances, I allow this writ

petition and direct the 3rd respondent to take up WP(C) NO. 30597 OF 2021

Ext.P2 complaint of the petitioner - if it is

still pending - and dispose of the same, after

affording him an opportunity of being heard, as

also to the competent official of the 6th

respondent; thus culminating in an appropriate

order and necessary action thereon, as

expeditiously as is possible, but not later than

two months from the date of receipt of a copy of

this judgment.

Needless to say, if Ext.P2 has already been

disposed of, then the order on it shall be

communicated to the petitioner, within a period of

one month from today, in the address mentioned in

this writ petition.

In view of the afore directions, I order that

until such time as the afore exercise is completed

or the resultant order communicated to the

petitioner, which ever is later, the 6th respondent

shall not make any further construction on the WP(C) NO. 30597 OF 2021

culvert and such construction shall abide by the

decision to be taken by the 2nd or 3rd respondent,

as the case may be.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 30597 OF 2021

APPENDIX OF WP(C) 30597/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF SKETCH MAINTAINED IN THE OFFICE OF THE RESPONDENTS 4 AND 5.

EXHIBIT P2 TRUE COPY OF COMPLAINT SUBMITTED BY PETITIONER TO 2ND RESPONDENT ON 03.02.2021.

EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 27.02.2021 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE