Sudeer Jacob vs Mynakappilly Grama Panchayat
2022 Latest Caselaw 2955 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
                        WP(C) NO. 27590 OF 2021
PETITIONER/S:

          SUDEER JACOB
          AGED 54 YEARS
          S/O. JACOB VYDHYAN, MAHIMA,
          KIZHAKKEKARA, KOLLAM, PIN - 690524.
          BY ADVS.
          SHIBU JOSEPH
          AJITH VISWANATHAN
          K.M.TINTU
          SAYED MANSOOR BAFAKHY THANGAL
          JEFFIN JOHN


RESPONDENT/S:

    1     MYNAKAPPILLY GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY,
          OFFICE OF MYNAKAPPILLY GRAMA PANCHAYAT,
          KOLLAM, PIN - 690 519.
    2     THE SECRETARY
          MYNAKAPPILLY GRAMA PANCHAYAT,
          KOLLAM, PIN - 690 519.
    3     THE ASSISTANT EXECUTIVE ENGINEER
          LSGD SUB DIVISION, SASTHAMKOTTA BLOCK PANCHAYAT,
          BLOCK PANCHAYAT OFFICE, SASTHAMKOTTA,
          PERUVAZHI P. O., KOLLAM, PIN - 690 520.
    4     THE SECRETARY
          HOLY TRINITY ANGLO-INDIAN SCHOOL, KIZHAKKEKARA,
          THEVAKKARA P. O., KOLLAM, PIN - 690 524.
          BY ADVS.
          M.R.SASITH
          M.P.SREEKRISHNAN
          A.MUHAMMED MUSTHAFA


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27590 OF 2021
                               2



                       JUDGMENT

The 1st prayer in the writ petition is for a direction to

the 2nd respondent to consider and pass appropriate orders

on Ext.P1 and Ext.P8 complaints filed by the petitioner

within a time to be fixed by this Court.

2. Ext.P1 is a complaint which is dated 22.05.2020

and Ext.P8 is a complaint which is dated 07.07.2020. It can

been seen from that Ext.R4(9) that the petitioner had on

16.07.2020 written to the Secretary of the Panchayat

stating that he is not pursuing with the complaint which had

been filed by him.

3. Apparently as early as on 16.07.2020 the

petitioner did not want to pursue with his complaints. Ext.P9

says that the Panchayat had informed that since they have

already initiated the action and it is of no consequence

whether the petitioner withdraws the complaint. This Court

is not really concerned about the view of the Panchayat in

this matter. When the petitioner himself has clearly

mentioned that he does not intend to pursue with the WP(C) NO. 27590 OF 2021

complaint as early as on 16.07.2020, he cannot be

permitted to approach this Court two years later and

attempt to revive the complaints which had been filed as

early as in May and July 2020 and seek action on the same.

The petitioner does not have any indefeasible rights to seek

such an order. This Court is hence not inclined to exercise

its extraordinary and discretionary jurisdiction under Article

226 of the Constitution of India in such matters.

The writ petition is dismissed.

Sd/-

T.R.RAVI,

JUDGE

LU WP(C) NO. 27590 OF 2021

APPENDIX OF WP(C) 27590/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.05.2020. EXHIBIT P2 AND TRUE COPY OF THE APPLICATION SUBMITTED P2(A) BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT ALONG WITH REPLY GIVEN BY THE 3RD RESPONDENT.

EXHIBIT P3 AND TRUE COPY OF THE APPLICATION SUBMITTED P3(A) BEFORE THE FIRE AND RESCUE DEPARTMENT BY THE PETITIONER DATED 10.06.2020 AND REPLY DATED 01.07.2020.

EXHIBIT P4 AND TRUE COPY OF THE APPLICATION SUBMITTED P4(A) BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT AND ITS REPLY GIVEN BY THE POLLUTION CONTROL BOARD DATED 01.07.2020.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 02.07.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE SAID DIRECTION DATED 02.12.2020 ISSUED BY THE DEPUTY DIRECTOR OF PANCHAYAT, KOLLAM.

EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE ORDER DATED 28.01.2021 BY THE PRINCIPAL SECRETARY, LSGD, THIRUVANANTHAPURAM.

EXHIBIT P8 TRUE COPY OF THE REMINDER DATED 7.7.2020 ISSUED TO THE 2ND RESPONDENT.

EXHIBIT P9 TRUE PHOTOSTAT COPY OF THE COMMUNICATION DATED 18.08.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P10 THE TRUE PHOTOSTAT COPY OF THE PROVISIONAL ORDER DATED 15-01-2021. EXHIBIT P11 THE TRUE PHOTOSTAT COPY OF THE SAID LETTER DATED 21-12-2021.

EXHIBIT P12 THE TRUE PHOTOSTAT COPY OF THE SAID NOTICE DATED 23-06-2020.

EXHIBIT P13 THE TRUE PHOTOSTAT COPY OF RECEIPT DATED 17-08-2020.

EXHIBIT P14 THE TRUE PHOTOSTAT COPY OF NOTICE DATED 04-03-2021.

WP(C) NO. 27590 OF 2021

EXHIBIT P15 THE TRUE PHOTOSTAT COPY OF THE LETTER ISSUED BY THE PETITIONER.

EXHIBIT P16 A TRUE PHOTOSTAT COPY REPLY DATED 17-03-

2021.

// True Copy // PA To Judge