Kerala High Court
Raji Santhosh vs State Of Kerala on 3 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(C) NO. 23342 OF 2022
PETITIONERS:
1 RAJI SANTHOSH, AGED 43 YEARS
W/O.SANTHOSH, POTTASSERY HOUSE, ASOKAPURAM.P.O., ALUVA,
ERNAKULAM DISTRICT, PIN-683101.
2 MUHAMMED SHEFEEK.K.S., AGED 39 YEARS
S/O.K.V.SULAIMAN, KARIPPAYI HOUSE, CHOORNIKARA,
THAIKKATTUKARA.P.O., ALUVA,
ERNAKULAM DISTRICT, PIN-683106.
3 RAJESH PUTHANANGADI,
AGED 36 YEARS, S/O.RAJAN, PUTHANANGADI HOUSE, NASRETH
ROAD, ALUVA.P.O., ERNAKULAM DISTRICT, PIN-683101.
4 P.S.YUSAF,
AGED 62 YEARS, S/O.SAIDU MUHAMMED, PLAVIDA PARAMBIL
HOUSE, AMBATTUKAVU, CHOORNIKARA, THAIKKATTUKARA.P.O.,
ALUVA, ERNAKULAM DISTRICT, PIN-683106.
5 C.P.NOUSHAD,
AGED 49 YEARS, S/O.PAREETH PILLA, CHOOLAPARAMBIL HOUSE,
CHOORNIKARA, THAIKKATTUKARA.P.O., ALUVA,
ERNAKULAM DISTRICT, PIN-683106.
BY ADVS.
DINESH MATHEW J.MURICKEN
K.A.ABHILASH
VINOD S. PILLAI
MOHAMMED THAYIB N.M.
NAYANA VARGHESE
AHAMMAD SACHIN K.
K.S.SANGEETHA (KOOMBEL)
RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY (LOCAL SELF GOVERNMENT),
SECRETARIAT, THIRUVANANTHAPURAM,
PALAYAM.P.O, PIN-695001.
WP(C) NO. 23342 OF 2022
2
2 THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PALAYAM.P.O, PIN-695001.
3 DIRECTOR OF PANCHAYATS
OFFICE OF THE DIRECTOR OF PANCHAYATS, SWARAJ
BHAVAN, GROUND FLOOR, NANTHANCODU, KOWDIAR.P.O,
THIRUVANANTHAPURAM - 695 003.
4 CHOORNIKKARA GRAMA PANCHAYAT,
THAIKKATTUKARA P.O, ALUVA, ERNAKULAM DISTRICT, PIN-
683 106, REPRESENTED BY ITS SECRETARY.
5 THE SECRETARY,
CHOORNIKKARA GRAMA PANCHAYAT, THAIKKATTUKARA P.O,
ALUVA, ERNAKULAM DISTRICT, PIN-683 106.
6 SANEESH KALAPURACKAL,
S/O SUKUMARAN, KALAPURACKAL HOUSE,
THAIKKATTUKARA P.O KUNNATHERY, ALUVA -683 106.
BY ADVS.
ANIL K.MUHAMED
R.ROHITH
HARISHMA P. THAMPI(K/001201/2019)
OTHER PRESENT:
GP - RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 23342 OF 2022
3
VIJU ABRAHAM, J
WP(C) No.23342 of 2022
rd
Dated this the 3 day of February, 2023
J U D G M E N T
Petitioners challenge Ext.P6 and Ext.P7. The first
th
petitioner is the Panchayath member and the President of 4
respondent Panchayath. The second petitioner is the
Panchayath member and the welfare standing committee
chairman. The third petitioner is the Panchayath member of
th
Ward No.2 of the 4 respondent Panchayath and the petitioners
th
respondent Panchayath.
2. A complaint was preferred before the Government by
th
the 6 respondent that the petitioners have used the
panchayath vehicle for travel, is violation of the Rules in this
regard. It is seen that Ext.P7 order has been passed by the
Government based on a report submitted by the Director of the
Panchayath dated 31.05.2022. Pursuant to Ext.P7 order, Ext.P6
order has been issued by the fourth respondent Panchayath
WP(C) NO. 23342 OF 2022
wherein the petitioners was directed to remit an amount of
Rs.5830/- within a period of 15 days from the date of receipt of
a copy of the order.
3. The petitioners have a specific case that before
issuing Ext.P7, the petitioners were not heard and therefore
Ext.P7 and Ext P6 consequential order issued by the
Panchayath are liable to be interfered with.
4. When the matter was taken up for consideration on
an earlier occasion, this court has directed the Government
Pleader to get instructions as to whether the petitioners were
heard before issuing Ext.P6 order and the learned Government
Pleader upon instructions submitted that the petitioners were
not heard and the orders have been issued by the Government
based on the report submitted by the Director of Panchayath
dated 31.05.2022.
5. After hearing both sides, I am of the opinion that an
order fixing liability on the petitioners cannot be passed
without affording an opportunity of being heard to them. In
view of the same, Ext.P7 order and the consequential order
Ext.P6 are set aside. The first respondent is directed to
WP(C) NO. 23342 OF 2022
reconsider the matter after affording an opportunity of being
heard to the petitioners/their authorised representatives and the
sixth respondent and a decision shall be taken afresh within a
period of three months from the date of receipt of a copy of
this judgment.
With the above said directions the Writ Petition is
disposed of.
Sd/-
VIJU ABRAHAM, JUDGE
R.AV
WP(C) NO. 23342 OF 2022
APPENDIX OF WP(C) 23342/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOGRAPH SHOWING THE PORTION OF
THE COLLAPSED RETAINING WALL OF THE CANAL
Exhibit P2 TRUE PHOTOGRAPH SHOWING THE COLLAPSE OF
THE ENTIRE STRUCTURE OF THE RETAINING
WALL OF THE CANAL ABUTTING MADHAVAPURAM
SCHEDULED CASTE COLONY
Exhibit P3 TRUE COPY OF THE LETTER SENT BY MEMBER OF
PARLIAMENT (CHALAKKUDY) TO THE PRESIDENT
OF 4TH RESPONDENT DATED 22.10.2021
Exhibit P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE
3RD PETITIONER TO THE MEMBER OF
PARLIAMENT, KANNUR DATED 25.10.2021
Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE
VEHICLE LOG BOOK CONTAINING THE ENTRY
SHOWING THE TRAVEL DETAILS ON 25.10.2021
MAINTAINED BY THE 4TH RESPONDENT
Exhibit P6 TRUE COPY OF THE ORDER NO.SC4/3668/22
ISSUED BY THE 5TH RESPONDENT DATED
06.07.2022
Exhibit P7 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 2ND RESPONDENT TO THE 5TH RESPONDENT
DATED 25.06.2022
Exhibit P8 TRUE COPY OF THE PETITION FILED BY THE
PETITIONERS BEFORE THE 2ND RESPONDENT
DATED 08.07.2022
Exhibit P9 TRUE COPY OF THE RELEVANT PAGES OF THE
GUIDELINES ON MEMBERS OF PARLIAMENT LOCAL
AREA DEVELOPMENT SCHEME
RESPONDENT EXHIBITS
EXHIBIT R6(a) A true copy of the report dated
14.02.2022 of the Pancahayath Deputy
Director, Ernakulam
EXHIBIT R6(b) A true copy of the letter
No.DDP-EKM/74/2022-C3 issued by the
Pancahayath Deputy Director, Ernakulam to
the 3rd respondent
EXHIBIT R6(c) A true copy of the RTI dated 16.12.2021
along with reply dated 12.01.2022
