Kerala High Court
Vijayamba vs Kalanjoor Grama Panchayat on 4 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 34082 OF 2017 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 34082 OF 2017
PETITIONER/S:
VIJAYAMBA
AGED 71 YEARS
W/O. SHAJI, AGED 71 YEARS, PUTHIYAVEEDU, KOODAL
MURI, KOODAL VILLAGE, MURINJAKAL P.O.,
PATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.S.JAYAKRISHNAN (KARUNAGAPPALLY)
SRI.D.SREEVALLABHAN
RESPONDENT/S:
KALANJOOR GRAMA PANCHAYAT
KALANJOOR, REPRESENTED BY ITS SECRETARY, KALANJOOR
P.O., PATHANAMTHITTA.
BY ADVS.
SRI.PHILIP J.VETTICKATTU
SRI.VINEETH KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 34082 OF 2017 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 34082 of 2017
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Dated this the 4th day of April, 2024
JUDGMENT
The above writ petition is filed with following prayers :
i) "Issue a mandamus or any other writ directing the
respondent to remove the obstruction caused to the free flow
of water through the Karathodu on the southern side of her
property and to preserve, protect and maintain the
same."[ sic]
2. This writ petition is pending before this Court from
2017 onwards. No interim order is passed in this case. If there
is any surviving grievance to the petitioner, the petitioner is
free to approach the Panchayat with appropriate
representation. If such a representation is received, there can
be a direction to the Panchayat to do the needful in accordance
with law, with notice to the petitioner and other affected
parties.
Therefore, this writ petition is disposed of with the
following directions:
1) The petitioner is free to submit a representation narrating
the surviving grievance before the respondent-Panchayat
within thirty days from the date of receipt of a certified
copy of this judgment.
2) Once such a representation is received, the respondent-
Panchayat will consider the same and pass appropriate
orders in it and take necessary steps after giving an
opportunity of hearing to the petitioner and other affected
parties, as expeditiously as possible, at any rate, within
three months from the date of receipt of the
representation.
3) The petitioner will produce a certified copy of this
judgment along with a copy of this writ petition before the
respondent for compliance. Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 34082/2017
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE PARTITION DEED NO. 588 DATED
28.02.1108 OF THE SUB REGISTRY OFFICE,
KUNNATHOOR.
EXHIBIT P2 COPY OF THE TAX RECEIPT DATED 02.05.2016.
EXHIBIT P3 COPY OF THE LETHO PLAN OF SURVEY NO. 924
OF KOODAL VILLAGE.
EXHIBIT P4 COPY OF THE MAHAZAR AND REPORT PREPARED BY
THE COMMISSIONER IN O.S.NO. 447/1992 OF
THE MUNSIFF'S COURT, ADOOR.
EXHIBIT P5 COPY OF THE COMMISSION JUDGMENT DATED
21.01.2010 IN O.S.NO. 148/2006 AND
180/2007 OF THE MUNSIFF'S COURT, ADOOR.
EXHIBIT P6 COPY OF THE MAHAZAR AND REPORT PREPARED BY
THE COMMISSIONER IN O.S.NO. 148/2006 OF
THE MUNSIFF'S COURT, ADOOR.
EXHIBIT P7 COPY OF THE COMMON JUDGMENT IN
A.S.NOS.52/2010 AND 53/2010 BEFORE THE
DISTRICT COURT, PATHANAMTHITTA.
EXHIBIT P8 COPY OF THE PLAINT IN O.S.NO. 721/2015 OF
THE MUNSIFF'S COURT, ADOOR.
EXHIBIT P9 COPY OF THE ORDER DATED 06.08.2016 IN
COMPLAINT NO. 427/2016 OF THE OMBUDSMAN
FOR LOCAL SELF GOVERNMENT INSTITUTIONS.
