Abdul Jabbar K.I vs Kadungalloor Grama Panchayath
2023 Latest Caselaw 4653 Ker

WP(C) No.13135/2023                      1/3

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
            Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945
                              WP(C) NO. 13135 OF 2023
   PETITIONERS:

      1. ABDUL JABBAR K.I., AGED 55 YEARS, S/O HYDROSE HAJI, RESIDING
         AT KANDAMANGALATHU, AMBAKKUDY, WEST KADUNGALLOOR, ALUVA, PIN -
         683110.
      2. GEETHA M.D., AGED 45 YEARS, W/O VIJAYAN, RESIDING AT BALANILAYAM,
         WEST KADUNGALLOOR, ALUVA, PIN - 683110.
      3. BASHEER, AGED 61 YEARS, S/O MOHAMED, RESIDING AT AYANALIPARAMBU,
         WEST KADUNGALLOOR, ALUVA, PIN - 683110.
      4. MANU, AGED 40 YEARS, S/O MADHU VARMA, RESIDING AT ALANGAD
         KOVILAKATH, WEST KADUNGALLOOR, ALUVA, PIN - 683110.

   RESPONDENTS:

      1. KADUNGALLOOR GRAMA PANCHAYATHM, REPRESENTED BY ITS SECRETARY,
         MUPPATHADOM, ALUVA, PIN - 683110.
      2. THE SECRETARY, KADUNGALLOOR GRAMA PANCHAYATH, MUPPATHADOM, ALUVA,
         PIN - 683110.
      3. P.M.ASHRAF, AGED 65 YEARS, S/O LATE MOHAMED, RESIDING AT
         POTTACHIRAPARAMBU, WEST KADUNGALLOOR, ALUVA, PIN - 683110.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to issue an interim direction to respondents 1 and 2 to carry out
   the repair and maintenance work of the byroad using the funds of the
   Panchayath, pending disposal of the writ petition (civil).


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. T.C.SURESH MENON & B.DEEPAK, Advocates for the petitioners, the court
   passed the following:
 WP(C) No.13135/2023                        2/3




                              ANU SIVARAMAN, J.
                        =========================
                            W.P.(C) No.13135 of 2023
                        =========================
                       Dated this the 12th day of April, 2023

                                        ORDER

The learned Standing Counsel takes notice for respondent Nos.1 to 2

and seeks time to get instructions. Issue notice to the 3 rd respondent by

speed post. Post on 02.06.2023.

In the mean while , there will be an interim direction to the 2 nd

respondent to take up Ext.P1 representation submitted by the petitioners

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

3rd respondent and any other persons likely to be affected by the orders to

be passed on the same.

Sd/-

                                                     ANU SIVARAMAN
                                                         JUDGE
      AMR
 WP(C) No.13135/2023                 3/3

                       APPENDIX OF WP(C) 13135/2023
Exhibit-P1            TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS

BEFORE THE 2ND RESPONDENT, DATED 25.8.2020. Exhibit-P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE HUMAN RIGHTS COMMISSION, DATED 27.8.2020. Exhibit-P3 TRUE COPY OF THE REPLY TO EXT.P1 VIDE., NO.A2-4503/2020 ISSUED BY THE 2ND RESPONDENT, DATED 27.10.2020. Exhibit-P4 TRUE COPY OF THE REPORT, DATED 27.10.2020 ALONG WITH THE NOTICE VIDE., NO.6024/1113/2020 ISSUED BY THE 2ND RESPONDENT TO THE HUMAN RIGHTS COMMISSION, DATED 10.9.2021.

Exhibit-P5 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONERS TO THE REPORT ISSUED BY THE 2ND RESPONDENT, DATED 27.10.2021.

Exhibit-P6 TRUE COPY OF THE JUDGMENT IN MARIAM BEEVI VS.

SECRETARY, ATHIRAMPUZHA GRAMA PANCHAYATH, KOTTAYAM AND OTHERS (2015(3) KHC 199}, DATED 10.4.2015. Exhibit-P7 TRUE COPY OF THE NOTICE NO.A2-4503/2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS, DATED 2.2.2022. Exhibit-P8 TRUE COPY OF THE STATEMENT FILED BY THE PETITIONERS TO THE 1ST RESPONDENT AT THE TIME OF HEARING ON 10.2.2022 ALONG WITH A LOCATION SKETCH.

Exhibit-P9 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER UNDER THE RIGHT TO INFORMATION ACT, DATED 20.7.2022.

Exhibit-P10 TRUE COPY OF THE REPLY TO EXT.P9 ISSUED BY THE PUBLIC INFORMATION OFFICER, DATED 16.8.2022.

Exhibit-P11 TRUE COPY OF THE COMPLAINT FILED BY PETITIONERS 2 AND 3 ALONG WITH MADHUSOODANA VARMA BEFORE THE STATION HOUSE OFFICER, BINANIPURAM, DATED 19.7.2022.

Exhibit-P12 TRUE COPY OF THE COMPLAINT FILED BY PETITIONERS 2 AND 3 ALONG WITH MADUSOODANA VARMA BEFORE THE STATION HOUSE OFFICER, BINANIPURAM, DATED 20.3.2023.

Exhibit-P13 TRUE COPY OF TWO PHOTOGRAPHS DEPICTING THE PRESENT CONDITION OF THE BYROAD, DATED -NIL-