Thomas Thambi vs State Of Kerala
2022 Latest Caselaw 6499 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                  WP(C) NO. 17150 OF 2022
PETITIONER/S:

    1     THOMAS THAMBI,
          AGED 55 YEARS
          S/O. THOMAS, CHAKALAKAL HOUSE, PATTIKKAD P.O,
          THRISSUR DISTRICT 680 652.
    2     SATHYAN P.R,
          AGED 63 YEARS
          S/O. P.K. RAMAN, PEECHOLI HOUSE, PATTIKKAD P.O,
          THRISSUR DISTRICT 680 652.
          BY ADV G.SREEKUMAR (CHELUR)


RESPONDENT/S:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
          LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM DISTRICT 695
          001.
    2     SECRETARY,
          PANANCHERY GRAMA PANCHAYATH, PATTIKKAD P.O,
          THRISSUR DISTRICT- 680 652.
    3     PANANCHERY GRAMA PANCHAYATH,
          REPRESENTED BY ITS SECRETARY, PATTIKKAD P.O,
          THRISSUR DISTRICT 680 652.
    4     DISTRICT COLLECTOR,
          OFFICE OF THE DISTRICT COLLECTOR, CIVIL LINE
          AYYANTHOLE P.O, COLLECTORATE, THRISSUR DISTRICT
          680 003.
    5     TALUK THASILDAR,
          OFFICE OF THE TALUK TAHSILDAR, THRISSUR TALUK
          OFFICE, THRISSUR P.O, THRISSUR DISTRICT 680 020.
    6     TALUK SURVEYOR,
          OFFICE OF THE TALUK SURVEYOR, TALUK OFFICE,
          THRISSUR P.O, THRISSUR DISTRICT 680 020.
                                         -2-
W.P.(C). No. 17150 of 2022



      7          VILLAGE OFFICER,
                 OFFICE OF THE VILLAGE OFFICER, PANANCHERY
                 VILLAGE OFFICE, PATTIKKAD P.O, THRISSUR
                 DISTRICT 680 652.
      8          KALLANCHIRA SAMRAKSHANA SAMITHI,
                 REPRESENTED BY ITS PRESIDENT KURIYAN, AGED 62,
                 S/O. KUNJUVARKEY, EDAPPARAHOUSE, PALLIKANDAM,
                 PATTIKKADU P.O, THRISSUR DISTRICT 680 652.
                 BY ADVS.
                 SHRI.SANTHOSH P.PODUVAL, SC, KANDANASSERY GRAMA
                 PANCHAYAT
                 BABY MATHEW


OTHER PRESENT:

                 SMT.DEEPA NARAYANAN, SR.GP


          THIS    WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON    08.06.2022,     THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -3-
W.P.(C). No. 17150 of 2022



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 17150 of 2022
                       =============================================================

                     Dated this the 8th day of June, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"i) To call for all records leading uptoExhibit-P9 and Exhibit-P10 notices and for all connected proceedings connected there with and to issue a writ of certiorari to quash the same.

ii) Grant/issue any other relief/order/direction which the Hon'ble Court deems fit and just in the light of the facts and circumstances of this case."

2. When this writ petition came up for consideration on

26.05.2022, this Court passed the following order:

"Learned Government Pleader takes notice for respondents 1, 4, 5, 6 and 7. Learned Standing Counsel takes notice for respondents 2 and 3. Petitioners to take out notice to the 8th respondent by special messenger.

There will be an interim direction to the 2 nd respondent to consider the objections if any to be preferred by the petitioners and to hear the petitioners before taking any further action on Exhibits P9 and P10.

W.P.(C). No. 17150 of 2022

Post on 07.06.2022."

3. The main challenge in this writ petition is against

Exts.P9 and P10. A perusal of Exts.P9 and P10 would show

that those are only show cause notices asking the petitioner to

give an explanation. This Court need not entertain this writ

petition because Exts.P9 and P10 are only show cause notices.

Therefore, this writ petition is only to be dismissed. However,

the petitioner is free to submit their explanations to Exts.P9 and

P10 and the Panchayat will do the needful, after going through

the explanation given by the petitioner. The petitioner is free to

submit his explanation within three days from the date of

receipt of a copy of this judgment. Once such an explanation is

received, the 3rd respondent will consider the same and take

appropriate action in it, in accordance to law, forthwith.

With the above observation, this writ petition is dismissed.

                             sd/-         P.V.KUNHIKRISHNAN
                                                 JUDGE
das

W.P.(C). No. 17150 of 2022



                        APPENDIX OF WP(C) 17150/2022

PETITIONER EXHIBITS
Exhibit P1        TRUE COPY OF THE NOTICE SERVED UPON

THE PETITIONER NO. 1 BY RESPONDENT NO. 3, DATED 01.03.2021.

Exhibit P2 TRUE COPY OF THE NOTICE SERVED UPON THE PETITIONER NO.2 BY RESPONDENT NO. 3, DATED 01.03.2021.

Exhibit P3 TRUE COPY OF THE NOTICE SERVED UPON THE PETITIONER NO. 1 BY RESPONDENT NO. 3, DATED 18.03.2021.

Exhibit P4 TRUE COPY OF THE NOTICE SERVED UPON THE PETITIONER NO.2 RESPONDENT NO.3, DATED 18.03.2021.

Exhibit P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY RESPONDENT NO.8 HEREIN IN W.P.C NO. 7740 OF 2021, DATED 19.06.2021.

Exhibit P6 TRUE COPY OF THE REPLY AFFIDAVIT FILED BY THE PETITIONERS HEREIN IN W.P.C NO. 7740 OF 2021, DATED 22.07.2021.

Exhibit P7 TRUE COPY OF THE COMMON JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.C NOS. 6029, 7740, 11333 AND 11334 OF 2021, DATED 22.03.2022.

Exhibit P8 TRUE COPY OF THE ORDER NO. H3-

17656/2020 ISSUED BY RESPONDENT NO. 5, DATED 17.05.2022.

Exhibit P9 TRUE COPY OF THE NOTICE ISSUED BY RESPONDENT NO. 3 UPON THE PETITIONER NO. 1, DATED 20.05.2022.

Exhibit P10 TRUE COPY OF THE NOTICE ISSUED BY RESPONDENT NO. 3 UPON THE PETITIONER NO. 2, DATED 20.05.2022.