Kerala High Court
Biju Mathew vs The District Collector on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 34383 OF 2022
PETITIONER/S:
BIJU MATHEW,
AGED 48 YEARS
S/O. MATHEW, MUKKADAM CHERIYIL (H), THODUPUZHA (P.O),
THODUPUZHA, IDUKKI DISTRICT, PIN-685584.
BY ADVS.
COLIN ALEX
K.V.SREE VINAYAKAN
K.M.MUHAMMED HUSSAIN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR,
IDUKKI DISTRICT, KUYILIMALA, PIN-685603.
2 REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER, IDUKKI,
KUYILIMALA, IDUKKI DISTRICT, PIN- 685603.
3 THE SECRETARY, THODUPUZHA MUNICIPALITY,
THODUPUZHA P.O, IDUKKI DISTRICT, PIN-685584,
4 STATION HOUSE OFFICER, THODUPUZHA POLICE STATION.
THODUPUZHA, IDUKKI DISTRICT, PIN-679335.
5 M. RASHEED,
S/O. M.M. MUHAMMED, MANGAT HOUSE, MANGAT KAVALA,
THODUPUZHA, IDUKKI DISTRICT, PIN-685584.
BY ADVS.
SHRI.UNNIKRISHNAN V.ALAPPATT, SC, THODUPUZHA MUNICIPALITY
DOMSON J.VATTAKUZHY
W.P.(C).No.34383 of 2022 2
OTHER PRESENT:
GP-SRI.SYAMANTHAK B.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.34383 of 2022 3
VIJU ABRAHAM,J
-----------------------
W.P.(C).No.34383 of 2022
-------------------------------------
Dated this the 13th day of March, 2023
JUDGMENT
The petitioner has approached this Court
seeking a direction to implement Ext.P5 wherein a
direction was issued to the 5 th respondent to
remove the blockage.
2. When the matter was taken up for
consideration, learned counsel appearing for the 5th
respondent would submit that challenging Ext.P5,
an appeal has been preferred before the Municipal
Council as Ext.R5(a). Therefore, there will be a
direction to the Municipal Council of the
Thodupuzha Municipality to consider and pass orders
on Ext.R5(a) appeal preferred by the 5 th respondent
after affording an opportunity of being heard to
the petitioner as well as the 5 th respondent within
a period of three weeks from the date of receipt of
a copy of this judgment.
The above Writ Petition is disposed of
accordingly.
sd/-
VIJU ABRAHAM,
JUDGE
pm
APPENDIX OF WP(C) 34383/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT
DATED 10-8-2021 ISSUED BY THE VILLAGE
OFFICER, THODUPUZHA IN RESPECT OF 2.02
ARES.
Exhibit P2 THE TRUE COPY OF THE PHOTOGRAPHS OF THE
PUBLIC DRAIN BLOCKED BY THE 4TH
RESPONDENT.
Exhibit P3 THE TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT DATED 25-03-2022.
Exhibit P4 THE TRUE COPY OF THE JUDGMENT IN W.P(C)
11933/2022 DATED 25-082022.
Exhibit P5 THE TRUE COPY OF THE ORDER PASSED BY 3RD
RESPONDENT DATED 19-082022.
Exhibit P6 TRUE COPY OF THE ORDER IN CONTEMPT CASE
(C) NO.1500/2022 DATED 25-08-2022.
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT DATED 31-08-2022.
Exhibit P8 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 29-09-2022 ALONG
WITH RECEIPT.
Exhibit P9 THE TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENTS 3 AND 4 DATED 18-10-2022.
RESPONDENT EXHIBITS
Exhibit R5 (a) A true copy of the appeal dated
16.03.2023 before the Municipal council
of Thodupuzha Municipality
Exhibit R5(b) A true copy of the plaint in O.S No.
230/2022 of Munsiff Court, Thodupuzha
dated 02.09.2022
Exhibit R5 (c) A true copy of the commission report
bearing I.A No. 2/2022 in O.S No.
230/2022 before the Munsiff's Court,
Thodupuzha dated 19.09.2022
