Vivin Joseph vs Kolazhy Grama Panchayat
2022 Latest Caselaw 5352 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                    WP(C) NO.28438 OF 2021
PETITIONER :-

          VIVIN JOSEPH, AGED 30 YEARS
          S/O. JOSEPH, KANJHIRAPARAMBIL HOUSE, KUTTOOR P.O,
          THRISSUR DISTRICT, PIN CODE-680 013.

          BY ADV SHOBY K.FRANCIS


RESPONDENTS :-

    1     KOLAZHY GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE,
          MULAKUNNATHUKAVU P.O, TIRUR,
          THRISSUR, PIN CODE-680 581.

    2     SECRETARY
          KOLAZHI GRAMA PANCHAYATH, PANCHAYATH OFFICE,
          MULAKUNNATHUKAVU P.O, TIRUR,
          THRISSUR, PIN CODE-680 581.

    3     STATION HOUSE OFFICER/CIRCLE INSPECTOR OF POLICE
          VIYYUR POLICE STATION, RAMAVARMAPURAM, VIYYUR P.O,
          680 010, THRISSUR.

    4     CITY POLICE COMMISSIONER
          OFFICE OF THE POLICE COMMISSIONER,
          THRISSUR-680 001.

    5     PAULSON
          S/O. GEORGE, HEAVENLY VILLAS, CHIRAYATH HOUSE,
          KUTTOOR P.O, THRISSUR DISTRICT-680 013.

          BY ADVS.
          SRI. SANTHOSH P.PODUVAL, SC, KOLAZHY GRAMA PANCHAYAT
          SRI. S.SUNIL KUMAR (PALAKKAD)
          SRI. B.S.SURAJ KRISHNA
          SRI. T.K.SHAJAHAN, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.28438 OF 2021

                               -: 2 :-


                           JUDGMENT

Dated this the 20th day of May, 2022

The essential contention raised by the petitioner in this writ

petition is with regard to the construction of a kennel to house the

pet dog in the property belonging to the 5th respondent. Though

various allegations have been raised in the writ petition, it appears

on a hearing of the matter that the contention of the petitioner is

that Ext.P3 communication of the 2 nd respondent has not been duly

implemented.

2. The learned counsel for the petitioner submits that

Ext.P10 request has been made by the petitioner before the 2 nd

respondent seeking implementation of Ext.P3.

3. Having heard the learned counsel for the petitioner, the

learned Standing Counsel appearing for the Panchayat, the learned

Government Pleader as well as the learned counsel for the 5 th

respondent, I am of the opinion that the grievance of the petitioner

can be redressed by directing a consideration of Ext.P10 with

notice to the parties.

There will, accordingly, be a direction to the 2 nd

respondent to take up Ext.P10 representation preferred by the

petitioner and to consider and pass orders on the same, with notice

to the petitioner as well as the 5th respondent. Appropriate orders WP(C) NO.28438 OF 2021

shall be passed within a period of one month from the date of

receipt of a copy of this judgment. In case the petitioner faces any

threat or obstruction to his peaceful life from the 5 th respondent or

anybody claiming through him, the petitioner may inform the

Station House Officer, who shall afford adequate protection to the

life of the petitioner.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/20.5.2022 WP(C) NO.28438 OF 2021

APPENDIX OF WP(C) 28438/2021

PETITIONER EXHIBITS

Exhibit P1 COLOR PHOTOGRAPH SHOWING THE COMPOUND WALL, DOG SHED/KENNEL, WELL OF THE PETITIONER AND THE HOUSE OF THE PETITIONER AND 5TH RESPONDENT DATED NIL.

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 16.7.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE INTIMATION DATED 28.7.2020 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT DATED 24.9.2020.

Exhibit P5 TRUE COPY OF THE REPLY DATED 20.10.2020 ISSUED TO THE PETITIONER.

Exhibit P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 24.9.2020.

Exhibit P7 TRUE COPY OF THE REPLY DATED 20.10.2020 ISSUED TO THE PETITIONER.

Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 18.11.2021 SUBMITTED BY THE PETITIONER'S FATHER TO THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE RECEIPT ISSUED BY THE POLICE DATED 18.11.2021.

Exhibit P10 TRUE COPY OF THE COMPLAINT DATED 22.11.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.