Bindu R vs State Of Kerala, Represented By ...
2023 Latest Caselaw 5154 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     TUESDAY, THE 18TH DAY OF APRIL 2023 / 28TH CHAITHRA, 1945
                        WP(C) NO. 14168 OF 2023
PETITIONER/S:

          BINDU R., AGED 51 YEARS, W/O. SURESH KUMAR K,
          THOTTAPPALLIL HOUSE, PATTIMATTOM P.O., KIZHAKKAMBALAM,
          ERNAKULAM., PIN - 683562

          BY ADVS.
          BLAZE K.JOSE
          GOPIKA P.
          S.NIKHIL RAJEEV
          KAMALA.P.S.


RESPONDENT/S:

    1     STATE OF KERALA, REPRESENTED BY SECRETARY,
          LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT
          SECRETARIAT, STATUE, THIRUVNANTHAPURAM, PIN - 695001

    2     EXECUTIVE ENGINEER , LSGD DIVISION ERNAKULAM, OFFICE OF
          DISTRICT PANCHAYATH, KAKKANAD,ERNAKULAM, PIN - 682030

    3     ASSISTANT EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT
          DEPARTMENT, VAZHAKKULAMBLOCK OFFICE, VAZHAKKULAM,
          ERNAKULAM,, PIN - 683105

    4     ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT,
          KIZHAKKAMBALAM GRAMA PANCHAYATH KIZHAKKAMBALAM P O,
          ERNAKULAM, PIN - 683562

    5     THE SECRETARY, KIZHAKKAMBALAM GRAMA PANCHAYATH,
          KIZHAKKAMBALAM, ERNAKULAM,, PIN - 683562


OTHER PRESENT:

          GP SMT.NISHA BOSE,SC,SRI.ABRAHAM P.MEACHINKARA


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14168 OF 2023
                             2

                          JUDGMENT

The learned counsel appearing for the petitioner

submits that the petitioner will be satisfied with a

direction to the 2nd respondent to consider the request

made in Exts.P3 to P6 by the 5th respondent

Panchayath.

2. Heard the learned Government Pleader as well

as the learned Standing Counsel for the respondent

Panchayath. The 5th respondent Panchayath has also

made a similar request to direct the 2nd respondent to

consider the request made in Exts.P3 to P6.

3. After hearing both sides the writ petition is

disposed of as follows:

The petitioner/5th respondent shall produce copies

of Exts.P3 to P6 along with a written representation

before the 2nd respondent within a period of one week

from the date of receipt of a certified copy of this WP(C) NO. 14168 OF 2023

judgment which shall be duly considered by the 2nd

respondent after affording an opportunity of being

heard to the petitioner as well as the 5 th respondent and

a decision as directed shall be taken within a period of

one month from the date of receipt of a certified copy of

this judgment. While taking a decision as directed

above, the 2nd respondent shall also take into

consideration Ext.P7 judgment.

Sd/-

VIJU ABRAHAM JUDGE rkc/18.04.23 WP(C) NO. 14168 OF 2023

APPENDIX OF WP(C) 14168/2023

PETITIONER EXHIBITS

Exhibit P1 A. TRUE COPY OF THE REPRESENTATION DATED 22.09.2022 SUBMITTED BY THE GENERAL PUBLIC OF CHOORAKODU TO THE SECRETARY OF THE KIZHAKKAMBALAM PANCHAYAT REQUESTING THAT AS THE ERAPPUMPARA - ANJILICHUVAD ROAD IS HAVING HEAVY TRAFFIC

Exhibit P2 A. TRUE COPY OF THE LETTER OF THE PETITIONER FORWARDED EXT P 1 FOR THE CONSIDERATION OF THE PANCHAYAT COMMITTEE. DATED NIL

Exhibit P3 A TRUE COPY OF THE DECISION DATED 07.10.2022 OF THE KIZHAKKAMBALAM GRAMA PANCHAYAT

Exhibit P4 A. TRUE COPY OF THE LETTER 10.10.2022 SUBMITTED BY THE PRESIDENT, KIZHAKKAMBALAM GRAMA PANCHAYT TO THE EXECUTIVE ENGINEER L.A.D & E W DEPT

Exhibit P5 A. TRUE COPY OF THE LETTER DATED 01.3.2023 SUBMITTED BY THE SECRETARY, KIZHAKKAMBALAM GRAMA PANCHAYAT TO THE ASSISTANT EXECUTIVE ENGINEER L.A.D & E W DEPT.

Exhibit P6 A. TRUE COPY OF THE MINUTES OF THE PANCHAYATH MEETING DATED 05.04.2023

Exhibit P7 A. TRUE COPY OF THE JUDGMENT IN WP( C ) 16137 OF 2020 DATED 01.02.2021