Manoj P vs State Of Kerala
2024 Latest Caselaw 11712 Ker

Kerala High Court

Manoj P vs State Of Kerala on 25 April, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     THURSDAY, THE 25TH DAY OF APRIL 2024 / 5TH VAISAKHA, 1946
                         WP(C) NO. 16554 OF 2024
PETITIONER:

              MANOJ P
              AGED 42 YEARS, S/O. RADHAMANI,
              SECRETARY, ARATTUPUZHA MANDARAM KADAVU SIVARATHRI
              AGHOSHA SAMITHI, REG. NO. TSR/TC/496/2017,
              ARATTUPUZHA P.O., THRISSUR DISTRICT, PIN - 680562

              BY ADVS.
              ANEESH JAMES
              JIJO THOMAS
              M.D.BEENA
              NEHA VIJAY


RESPONDENTS:

    1         STATE OF KERALA
              REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY LOCAL SELF
              GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE,
              THIRUVANANTHAPURAM, PIN - 695001

    2         THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT,
              LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
              SECRETARIAT, STATUE, THIRUVANANTHAPURAM, PIN - 695001

    3         THE PRINCIPAL DIRECTOR
              LOCAL SELF GOVERNMENT DEPARTMENT 5TH FLOOR,
              SWARAJ BHAVAN, NANTHANCODE, KOWDIAR P.O.,
              THIRUVANANTHAPURAM, PIN - 695003

    4         VALLACHIRA GRAMA PANCHAYAT,
              VALLACHIRA P.O., THIRSSUR,
              REPRESENTED BY ITS SECRETARY, PIN - 680562

    5         THE GRAMA PANCHAYAT COMMITTEE,
              VALLACHIRA GRAMA PANCHAYAT, VALLACHIRA P.O., THIRSSUR,
              REPRESENTED BY THE CHAIRPERSON, PIN - 680562

              GP - K. M. FAIZAL
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16554 OF 2024
                                     2



                             JUDGMENT

Petitioner, the Secretary of Aarattupuzha Mandaram

Kadavu Sivarathri Aghosha Committee, has approached this

Court being aggrieved by Ext.P8 decision taken by the 5 th

respondent Committee, with regard to framing of bye-laws in

connection with conduct of religious rituals in Aarattupuzha

Mandaram Kadavu. Earlier the petitioner has submitted an

appeal before the Tribunal for Local Self Government

Institutions, Thiruvananthapuram, challenging Ext.P7 and Ext.P6

interim order was passed thereon by the Tribunal staying the

implementation of Ext.P8 decision. However, later as per Ext.P7,

the said appeal was dismissed by the Tribunal on the ground

that the said Tribunal does not have the jurisdiction and the

proper remedy of the petitioner is to approach the 1 st

respondent why invoking Section 191(1) of the Kerala

Panchayat Raj Act, 1994. Now the petitioner has submitted

Ext.P9 before the 1st respondent invoking the said provision. The

limited prayer sought by the petitioner, is for a direction to the

1st respondent to consider Ext.P9 within a time frame.

After hearing the learned counsel for the petitioner, WP(C) NO. 16554 OF 2024

learned Government Pleader and learned Standing Counsel

appearing for respondents 4 and 5, this writ petition is disposed

of directing the 1st respondent to take up Ext.P9 and pass

appropriate orders thereon within a period of three months from

the date of receipt of copy of this judgment after hearing the

petitioner and the 4th respondent. It is further ordered that, till

such a decision is taken in Ext.P9, implementation of Ext.P8

shall be kept in abeyance.

Sd/-

ZIYAD RAHMAN A.A. JUDGE nak WP(C) NO. 16554 OF 2024

APPENDIX OF WP(C) 16554/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 23.08.2017 ISSUED BY THE REGISTRAR OF SOCIETIES, THRISSUR Exhibit P2 A TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF AARATTUPUZHA MANDARAM KADAVU SIVARATHRI AGHOSHA SAMITHI Exhibit P3 A TRUE COPY OF THE ORDER NO.D5- 28990/2021 DATED 19.02.2022 OF THE THAHASILDAR, THIRSSUR Exhibit P4 A TRUE COPY OF THE PROCEEDINGS DATED 25.07.2022 OF THE DEPUTY COLLECTOR (DISASTER MANAGEMENT), THRISSUR Exhibit P5 A TRUE COPY OF THE DECISION NO.2/1 DATED 23.01.2023 OF THE PANCHAYAT COMMITTEE, VALLACHIRA GRAMA PANCHAYAT Exhibit P6 A TRUE COPY OF THE ORDER DATED 01.03.2023 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN I.A. NO. 299/2023

Exhibit P7 A TRUE COPY OF THE ORDER DATED 10.10.2023 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN APPEAL NO.

Exhibit P8 A TRUE COPY OF THE MINUTES OF THE PANCHAYAT COMMITTEE MEETING OF THE 4TH RESPONDENT PANCHAYAT HELD ON 04.03.2024 Exhibit P9 A TRUE COPY OF THE PETITION DATED 09.04.2024 FILED BY THE PETITIONER BEFORE THE GOVERNMENT OF KERALA, LOCAL SELF GOVERNMENT DEPARTMENT, WITHOUT EXHIBITS, Exhibit P10 A TRUE COPY OF THE STAY PETITION DATED 09.04.2024 FILED BY THE PETITIONER BEFORE THE GOVERNMENT OF KERALA, LOCAL SELF GOVERNMENT DEPARTMENT