Remya Saiju vs Aliparamba Grama Panchayath
2024 Latest Caselaw 4833 Ker

Kerala High Court

Remya Saiju vs Aliparamba Grama Panchayath on 7 February, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
       WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
                              WP(C) NO. 4724 OF 2024
PETITIONER:

                  REMYA SAIJU,
                  AGED 45 YEARS
                  W/O.DR. SAIJU GEORGE, THEKKEDATHU (H), PALOLIPARAMBU,
                  ANAMANGAD P.O, MALAPPURAM, PIN - 679357

                  BY ADVS.
                  JACOB E SIMON
                  SRINATH C.V.
                  ARATHY P.
                  GAYATHRI RAJAGOPAL



RESPONDENTS:

       1          ALIPARAMBA GRAMA PANCHAYATH,
                  GRAMAPANCHAYATH OFFICE, ALIPARAMBA, EDAYIKKAL-
                  THAVALAPPARA ROAD, PARAL,MALAPPURAM DISTRICT,
                  REPRESENTED BY ITS SECRETARY, PIN - 679357

       2          SECRETARY,
                  GRAMAPANCHAYATH OFFICE, ALIPARAMBA, EDAYIKKAL-
                  THAVALAPPARA ROAD, PARAL, MALAPPURAM DISTRICT, PIN -
                  679357

       3          JABBAR K.,
                  KAKKATTU PARAMBIL, ERAMANGALAM P.O, PERINTHALMANNA,
                  MALAPPURAM DISTRICT, PIN - 679587


OTHER PRESENT:

                  SMT.R.DEVI SHREE, GP




THIS       WRIT    PETITION   (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON
07.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.4724 of 2024


                              2


                          JUDGMENT

The petitioner states that a coconut tree standing in

the property of the 3rd respondent poses threat and danger

to the petitioner and the members of her family. Raising

grievance, the petitioner has filed Ext.P1 complaint before

the Panchayat Committee under Section 238 of the Kerala

Panchayat Raj Act. However, the Panchayat Committee has

not taken any decision thereon. The limited prayer of the

petitioner is for a direction to the 1st respondent to consider

Ext.P1.

2. Heard the learned counsel for the petitioner. In

the nature of the order I propose to pass, notice to the

respondents is dispensed with.

There will be a direction to the Committee of the 1 st

respondent to consider Ext.P1 with notice to the petitioner

and the 3rd respondent in terms of the provisions contained

in Section 238 of the Kerala Panchayat Raj Act, as

expeditiously as possible, at any rate, within a period of two

weeks from the date of receipt of a copy of this judgment,

in case, no orders have been passed so far on Ext.P1.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE bng

APPENDIX OF WP(C) 4724/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE SAID COMPLAINT SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 16.08.2023

Exhibit P2 THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT PANCHAYATH UNDER THE RIGHT TO INFORMATION ACT, 2005 DATED 01.12.2023

Exhibit P3 THE REPLY GIVEN TO THE EXHIBIT P2 APPLICATION DATED 30.12.2023