Kerala High Court
Thenhipalam Grama Panchayat vs State Of Kerala on 16 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
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 22861 OF 2015
PETITIONER:
THENHIPALAM GRAMA PANCHAYAT
THENHIPALAM P.O., MALAPPURAM-673 636, REPRESENTED BY
THE SECRETARY.
BY ADV SRI.MANOJ RAMASWAMY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL
SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-691 002.
2 THE DISTRICT COLLECTOR
MALAPPURAM-673 636.
3 THE PRESIDENT
DISTRICT PANCHAYATH, MALAPPURAM-673 634.
4 THE CHIEF ENGINEER, KSSRDA
THIRUVANANTHAPURAM-691 005.
5 THE EXECUTIVE ENGINEER
PROGRAMME IMPLEMENTATION UNIT (PMGSY), POVERTY
ALLEVIATION UNIT, (PMGSY), OFFICE OF THE PROJECT
DIRECTOR, DISTRICT PANCHAYATH, POST BOX NO.9,
MALAPPURAM DISTRICT-673 636.
6 THE ASSISTANT ENGINEER
LOCAL SELF GOVERNMENT DEPARTMENT SECTION, THENHIPALAM
GRAMA PANCHAYATH, THENHIPALAM-673 636, MALAPPURAM
DISTRICT.
7 P.HAMSA HAJI
POOKATTU HOUSE, PALATHINGAL, ULLANAM POST,
PARAPPANANGADI, MALAPPURAM DISTRICT-673 638.
BY ADV.
SRI.K.MOHAMMED FAISAL NAHA
SRI. B.S SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22861 OF 2015
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C)No. 22861 of 2015
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Dated this the 16th day of February, 2024
JUDGMENT
The above writ petition is filed with the
following prayers:
"i. A writ of mandamus or other
appropriate writ, order or direction directing the 2 nd
respondent to consider Exhibit P6 and pass
appropriate orders within a time frame after
conducting a proper enquiry.
ii. A writ of mandamus or other appropriate
writ, order or direction directing the 5 th & 7th
respondents to conduct maintenance on the
damage portion of Alachattupadi-Komarappadi road
and make it motorable.
iii. A writ of mandamus or other appropriate
writ, order or direction directing the 2 nd respondent
to examine the serious allegations raised by the
petitioner and take steps for the construction of
Kadakattupara - Kohinoor road as per PMGSY.
iv. Any other further relief or order as this
WP(C) NO. 22861 OF 2015
Hon'ble Court may deem fit and proper to meets
the ends of justice.
V. Award the cost of these proceedings."[SIC]
2. When this Writ petition came up for
consideration, the learned counsel appearing for the
7th respondent submitted that a suit is filed regarding
the same issue. If that be the case, this Writ petition
need not be retained here. All the contentions raised
by the petitioner and the contesting respondents are
left open.
With the above observation, this Writ petition is
disposed of.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 22861 OF 2015
APPENDIX OF WP(C) 22861/2015
PETITIONER EXHIBITS
P1 : COPY OF THE LETTER
NO.DB.70/2014/PMGSY/7088
DTD.1.12.2014 ISSUED TO THE
PETITIONER BY THE 5TH RESPONDENT.
P2 : COPY OF THE LETTER
NO.S2/7088/14 ADDRESSED TO THE 6TH
RESPONDENT.
P3 : COPY OF THE REPORT DTD.7.2.2015
SUBMITTED BY THE 6TH RESPONDENT.
P4 : COPY OF THE MASS PETITION
DTD.26.5.2015 SUBMITTED BEFORFE THE
PETITIONER.
P5 : COPY OF THE LETTER NO.S2-114/15
DTD.26.5.2015 ADDRESSED TO THE 5TH
RESPONDENT BY THE PETITIONER.
P6 : COPY OF THE PETITION NO.S2-
114/15 DTD.1.6.2015 BEFORE THE 2ND
RESPONDENT.
P7 : COPY OF THE FIR IN CRIME
NO.547/15 DTD.2.7.2015.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
