Kerala High Court
Nagalassery Grama Panchayat vs State Of Kerala on 3 April, 2024
WP(C) No.13554/2024 1/3 Order Date : 03-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Wednesday, the 3rd day of April 2024 / 14th Chaithra, 1946
WP(C) NO. 13554 OF 2024
PETITIONER:
NAGALASSERY GRAMA PANCHAYAT, OFFICE OF THE NAGALASSERY GRAMA
PANCHAYAT, KOOTTANAD P.O., PALAKKAD DISTRICT, REPRESENTED BY ITS
PRESIDENT, PIN - 679533
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,LOCAL
SELF GOVERNMENT DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2. SRI.NAVEEN KUMAR, KALPATHINGAL HOUSE, KOTHACHIRA P.O.,MOOLIPARAMB,
PALAKKAD, PIN - 679535
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation and implementation of and all proceedings
pursuant to Ext.P2 to the extent it directs to pay compensation of an
amount of Rs.25,69,285/- to the 2nd respondent, pending disposal of the
writ petition (civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.S.P.ARAVINDAKSHAN PILLAY, N.SANTHA, V.VARGHESE, PETER JOSE CHRISTO,
S.A.ANAND, K.N.REMYA, L.ANNAPOORNA & VISHNU V.K. Advocates for the
petitioner, the court passed the following:
WP(C) No.13554/2024 2/3 Order Date : 03-04-2024
MOHAMMED NIAS C.P., J
-------------------------------------
W.P.(C)No.13554 of 2024
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Dated this the 3rd day of April, 2024
ORDER
Learned Government Pleader takes notice for the 1st
respondent. Petitioner to take out notice to the 2nd respondent by
speed post.
Post after service is complete.
In view of Exhibit P5 interim order dated 15.12.2017 in W.P.
(C) No.18013 of 2017 passed by this Court, there will be a direction to
the 1st respondent to pay an amount of Rs.5,00,000/- to the 2nd
respondent within a period of 2 months from today. The operation of
Exhibit P2 order as against the petitioner Grama Panchayat will stand
stayed. It is made clear that the above payment made by the 1st
respondent will be without prejudice to their contentions, and also
subject to the final decision in the writ petition as to who shall pay the
compensation.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
SSK/03/04
WP(C) No.13554/2024 3/3 Order Date : 03-04-2024
APPENDIX OF WP(C) 13554/2024
Exhibit -P1 TRUE COPY OF THE RESOLUTION NO.4/1 DATED 14.03.2024 OF
THE GOVERNING BODY OF THE PANCHAYAT.
Exhibit -P2 TRUE COPY OF THE G.O.(RT) NO.425/2024/LSGD DATED
22.02.2024 ISSUED BY THE 1ST RESPONDENT
Exhibit -P3 TRUE COPY NOTICE DATED 19.02.2021 FROM THE
JUSTICE(RTD.)S.SIRI JAGAN COMMITTEE ON THE STRAY DOG
MENACE CONSTITUTED BY THE HON'BLE SUPREME COURT OF
INDIA, ALONG WITH THE ENCLOSED APPLICATION.
Exhibit -P4 TRUE COPY OF THE ORDER DATED 16.07.2018 OF THE HON'BLE
SUPREME COURT IN CONMT.PET.(C) NO.944/2017 IN W.P.(C)
NO.599/2015.
Exhibit -P5 TRUE COPY OF THE INTERIM ORDER DATED 15.12.2017 IN
W.P.(C) NO.18013/2017 OF THIS HON'BLE COURT.
Exhibit -P6 TRUE COPY OF THE JUDGMENT DATED 20.02.2018 IN WRIT
APPEAL NO.330/2018 OF THIS HON'BLE COURT.
Exhibit -P7 TRUE COPY OF THE ORDER ON PETITIONS FOR SPECIAL LEAVE
TO APPEAL (C) NO.691/2009 OF THE HON'BLE SUPREME COURT.
