Kerala High Court
V.J.John vs State Of Kerala on 15 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 18249 OF 2015
PETITIONER:
V.J.JOHN
VELLORUZHATHIL, THITTAMEL, CHENGANNUR,
ALAPPUZHA DISTRICT - 688 101.
BY ADVS.
SRI.P.HARIDAS
SRI.P.C.SHIJIN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF
GOVERNMENT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE CHENGANNOR MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
ALAPPUZHA DISTRICT,PIN: 688 101.
3 THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT BUILDING DIVISION,
ALAPPUZHA, PIN - 688 001.
4 CHRISTY @ CHRISTINA
WO.NIBY MATHEW, R/O.THADATHIL HOUSE, WARD NO.3,
MULLAPPUZHASSERI, KOZHENCHERRY,
PATHANAMTHITTA DISTRICT, PIN.689 645.
5 K.T. THOMAS
KADAKKETHU HOUSE, ANGADIKKAL, CHENGANNOOR-686 101.
6 PONNAPANAPILLA
GOVINDA VILASAM, KEEZHCHERIMAL, CHENGANNOOR - 686 101.
7 MARIAMMA SAMUEL
KAIPALLI MADOM PEETIKA, KEEZHCHERIMAL,
CHENGANNOOR - 686 101.
WP(C) NO. 18249 OF 2015
2
8 SUKUMARAN
KAIPALLI MADOM PEETIKA, KEEZHCHERIMAL,
CHENGANNOOR - 686 101.
BY ADVS.
SRI BS SYAMANTAK, GP
SRI.M.R.SUDHEENDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 18249 OF 2015
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.18249 of 2015
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Dated this the 15th day of February, 2024
JUDGMENT
The above writ petition is filed with the
following prayers:
"(i) Call for records leading to Exhibit P-3 and
may quash the same by issuing a writ of
certiorari.
(ii) Issue a writ in the nature of mandamus
or any other appropriate writ, order or direction
directing the 2nd respondent Municipality to
decide any appeal pending before it only after
issuing notice to the petitioner and after
hearing him without relying on Exhibit P-3.
WP(C) NO. 18249 OF 2015
(iii) Grant such other reliefs as are deem just
and necessary in the facts and circumstances
of the case." SIC
2. The petitioner challenged Ext.P3 report
submitted by the Executive Engineer to the Municipal
Secretary. The 2nd prayer in this writ petition is to
issue direction to the 2nd respondent Municipality to
decide any appeal pending before it only after
issuing notice to the petitioner and after hearing
him.
3. This writ petition is pending before this
Court from 2015 onwards. No interim order is
passed in this case. If any appeal or proceedings is
initiated based on Ext.P3, a notice shall be given to
the petitioner. I make it clear that, if orders are
already passed based on Ext.P3, the copy of the
order shall be forwarded to the petitioner.
WP(C) NO. 18249 OF 2015
With the above observation, this writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO. 18249 OF 2015
APPENDIX OF WP(C) 18249/2015
PETITIONER EXHIBITS
P1 - TRUE COPY OF THE NOTICE ISSUED
BY THE 2ND RESPONDENT TO THIS
PETITIONER DATED 16.01.2013
P2 - TRUE COPY OF THE JUDGMENT IN
WP(C)NO.3126 OF 2013 DATED
04.07.2013
P3 - TRUE COPY OF THE REPORT NO.A4-
2097/13 DATED 25.01.2014
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
