Laila vs Vaikom Municipality
2022 Latest Caselaw 8320 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                        WP(C) NO. 13201 OF 2016
PETITIONER/S:

           LAILA
           W/O.HARIDAS, VYPUNNAYIL, VMC NO.42,
           WARD-19, VAIKKOM MUNICIPALITY, VAIKOM P.O.

           BY ADV K.S.PRAVEEN


RESPONDENT/S:

    1      VAIKOM MUNICIPALITY
           REPRESENTED BY ITS SECRETARY,
           VAIKOM MUNICIPAL OFFICE, VAIKOM P.O. - 686 141.

    2      VELAYUDHAN
           PATRANDU PARATHARA, VMC WARD-19, V
           AIKKOM MUNICIPALITY, VAIKOM P.O. - 686 141.

    3      OMANA
           W/O.VELAYUDHAN, PATRANDU PARATHARA, VMC WARD-19,
           VAIKKOM MUNICIPALITY, VAIKOM P.O. - 686 141.

           BY ADVS.
           SRI.SREELAL N.WARRIER
           SRI.K.S.MADHUSOODANAN
           SRI.K.S.MIZVER
           SRI.P.K.RAKESH KUMAR
           SMT.A.SREEKALA VAIKOM
           SRI.M.M.VINOD KUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.13201 of 2016
                                    2


                             JUDGMENT

Dated this the 1st day of July, 2022

This writ petition is filed by the petitioner seeking the

following reliefs:

"a. Issue a Writ of Mandamus or other appropriate writ direction or order directing the 1st respondent not to alter the status of Perunjilathodu-Thottuchira Road as evidenced by Exhibit-P1 and Exhibit-P2.

b. Issue a Writ of Mandamus or other appropriate writ direction or order directing the 1st respondent to consider and pass appropriate writ order in Exhibit-P3 within a time limit fixed by this Hon'ble Court."

2. The grievance of the petitioner is that the Vaikkom

Municipality is making an attempt to bifurcate a lane and

handover the property to respondents 2 and 3, who are

private individuals, for their personal enjoyment. Petitioner

has apparently submitted Exhibit P3 complaint before the

Secretary of the Vaikkom Municipality which was not

considered and seeking direction for disposal of Exhibit P3,

this writ petition was filed.

The writ petition was pending before this court from the

year 2016 without securing any interim orders. Now, after W.P.(C)No.13201 of 2016

perusing the pleadings and document on record and hearing

the learned standing counsel for the Vaikkom Municipality

and Sri.K.S.Madhusoodanan, learned counsel appearing for

respondents 2 and 3, the writ petition is disposed of directing

the Secretary of the Municipality to consider Exhibit P3, if

anything remains to be considered at the earliest possible

after giving an opportunity to respective parties and at any

rate within two months from the date of receipt of a copy of

this judgment.

Sd/-

Shaji P.Chaly Judge

vpv W.P.(C)No.13201 of 2016

APPENDIX OF WP(C) 13201/2016

PETITIONER EXHIBITS

EXT.P1 TRUE COPY OF THE INFORMATION REGARDING PAYMENT IN THIS REGARD IN RESPECT OF SAID PROJECT, RECEIVED BY THE HUSBAND OF THE PETITIONER THROUGH RIGHT TO INFORMATION ACT DATED 08.07.2014.

EXT.P2 TRUE COPY OF THE REPLY OF THE PUBLIC INFORMATION OFFICER, VAIKOM MUNICIPALITY DATED 21.04.2014 WIDTH OF THE ROAD 2.20 METER.

EXT.P3 TRUE COPY OF THE COMPLAINT/REPRESENTATION SUBMITTED BY THE PETITIONER DATED 30.03.2016.

EXT.P3(A). TRUE COPY OF THE RECEIPT DATED 31.03.2016.

//TRUE COPY//

P.A. TO JUDGE