Faizal Kulappadam @ Faizal .N vs State Of Kerala, Represented By ...
2023 Latest Caselaw 3040 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                       WP(C) NO. 6512 OF 2023
PETITIONER:

             FAIZAL KULAPPADAM @ FAIZAL .N.,AGED 35 YEARS
             S/O A NAZIMUDEEN LEBBA, MEMBER BLOCK PANCHAYT,
             NEDUMPANA DIVISION, MUKATHALA BLOCK PANCHAYAT,
             RESIDING AT PUTHENVEEDU, NEDUMPANA P.O,
             KOLLAM - 691576
             BY ADV JOMY K. JOSE


RESPONDENTS:

    1        STATE OF KERALA, REPRESENTED BY THE SECRETARY
             TO THE GOVERNMENT
             LOCAL SELF GOVERNMENT, GOVERNMENT OF KERALA,
             SECRETARIAT, THIRUVANANTHAPURAM - 691500
    2        GENERAL MANAGER
             DISTRICT INDUSTRIES CENTRE, ASRAMAM,
             KOLLAM - 691002
    3        MUKHATHALA BLOCK PANCHAYAT
             MUKHATHALA P.O, KOLLAM DISTRICT- 691577
             REPRESENTED BY ITS SECRETARY
    4        THE SECRETARY MUKHATHALA BLOCK PANCHAYAT
             MUKATHALA P.O, KOLLAM - 691577
    5        INDUSTRIES DEVELOPMENTAL OFFICER
             MUKHATHALA BLOCK, ASRAMAM, KOLLAM - 691002

OTHER PRESENT:

             GP-SRI.RIYAL DEVASSY
             R3 & R4 BY V.RANJITH KUMAR

        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON
13.03.2023,     THE   COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.6512 of 2023                                   2




                                VIJU ABRAHAM, J.
                .................................................................
                            W.P.(C) No.6512 of 2023
                .................................................................
                  Dated this the 13th day of March, 2023

                                      JUDGMENT

Petitioner is the block panchayat member from Nedumpana

division of Mukhathala Block Panchayat of Kollam District. He has

approached this Court aggrieved by the action on the part of

respondents 4 and 5 declining access to the petitioner to the records of

the Block Panchayat where the petitioner is a member. Petitioner has

given Ext.P2 notice to the President of the Mukhathala Block Panchayat

for verifying the list of entrepreneurs submitted before the Government

as part of the "Year of Enterprises 2022-2023". It is submitted that the 5th

respondent declined the statutory right of the petitioner by not permitting

him to verify the records Petitioner has a specific case that going by

Section 158(2) of the Kerala Panchayat Raj Act every member shall

have access during office hours to the records (other than notified

documents) of the Panchayat in which he is a member after giving due

notice to the President.

2. Respondents 3 and 4 entered appearance and submitted

that though they are accepting the right of the petitioner to have access

to the documents as provided under Section 158(2) of the Kerala

Panchayat Raj Act, submitted that these documents are not available

with them and that these documents are available with the District

Industries Centre, Kollam as is seen from Ext.P3. Therefore, it is for the

petitioner to approach the said authority for getting the required details.

Recording the above submission of respondents 3 and 4,

the writ petition is closed.

Sd/-

VIJU ABRAHAM JUDGE

cks

APPENDIX OF WP(C) 6512/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER VIDE ID NO.

2020002300801 Exhibit P2 A TRUE COPY OF THE NOTICE GIVEN TO THE PRESIDENT MUKHATHALA BLOCK PANCHAYAT DATED 15-02-2023 Exhibit P3 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT DATED 15-02-2023 Exhibit P4 A TRUE COPY OF THE LIST OF ELECTED MEMBERS OF MUKHATHALA BLOCK PANCHAYAT, LSGI ELECTION 2020 Exhibit P5 RELEVANT EXTRACTS OF THE BOOKLET ISSUED BY THE GOVERNMENT