Manager ,Vellamunda ... vs Deputy Director Of Education
2023 Latest Caselaw 6747 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                        WP(C) NO. 34361 OF 2014
PETITIONER:

          MANAGER,
          VELLAMUNDA A.U.P.SCHOOL, P.O.KATTAYAD, VELLAMUNDA,
          WAYANAD, MANANTHAVADY DISTRICT-670731.
          BY ADVS.
          SRI.JIJI THOMAS
          SRI.P.R.ASHOK KUMAR
          SMT.SMITHA MATHEW
RESPONDENTS:

    1     DEPUTY DIRECTOR OF EDUCATION
          WAYANAD DISTRICT.
    2     SECRETARY
          VELLAMUNDA GRAMA PANCHAYAT, VELLAMUNDA,
          MANANTHAVADY-670731.
    3     PRESIDENT
          VELLAMUNDA GRAMA PANCHAYAT, VELLAMUNDA,
          MANANTHAVADY-670731.
          SRI.APPU P.S., GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34361 OF 2014

                                       2


                                JUDGMENT

Dated this the 20th day of June, 2023

Though this writ petition was filed on 17.12.2014 and notice was

ordered to respondents 2 and 3 on 18.12.2014, process has not been paid

for taking out notice. The matter was posted several times, notifying the

defect, and ultimately posted before this Court on 07.04.2016, on which

date the petitioner was directed to cure the defect within two weeks.

Even thereafter, no steps were taken and process is not received till date.

There is no appearance for the petitioner also.

The issue raised in this writ petition is with regard to Ext.P2

application submitted for permission for the construction of a compound

wall. This writ petition, which was filed as early as in December, 2014

and has remained without orders till now, is closed as infructuous. In

case the petitioner has any surviving grievance, it is for the petitioner to

take up the matter appropriately before the Panchayat.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 34361 OF 2014

APPENDIX OF WP(C) 34361/2014

PETITIONER'S EXHIBITS EXHIBIT P1 A COPY OF THE SALE DEED NO. 1367 DATED 29-05-

1995.

EXHIBIT P1(A) A COPY OF THE POSSESSION CERTIFICATE DATED 28-01-2011.

EXHIBIT P1(B) COPY OF THE LAND TAX RECEIPT DATED 19-07-

2014.

EXHIBIT P1(C) THE COPY OF THE SKETCH OF COMPOUND WALL. EXHIBIT P2 A COPY OF THE APPLICATION FOR GRANTING THE PERMISSION FOR CONSTRUCTING THE COMPOUND WALL DATED 05-10-2013 BEFORE THE 2ND RESPONDENT. EXHIBIT P3 A COPY OF THE REJECTION LETTER DATED 07-10-

2013 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT P4 A COPY OF THE JUDGMENT IN WPC NO. 11943/13 DATED 30-05-2014 BEFORE THE HON'BLE COURT. EXHIBIT P5 A COPY OF THE LETTER DATED 25-07-2014 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 COPY OF THE REQUEST ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION WAYANAD DATED 10-12-14. RESPONDENTS' EXHIBITS: NIL