K.Muhammed Kunju vs State Of Kerala
2024 Latest Caselaw 19040 Ker

Kerala High Court

K.Muhammed Kunju vs State Of Kerala on 28 June, 2024

Author: Amit Rawal

Bench: Amit Rawal

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
        FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                          WP(C) NO. 18903 OF 2014
PETITIONER:

            K.MUHAMMED KUNJU
            KOLLAM MEPURATH, MANGARAM, KONNI P.O.,
            PATHANAMTHITTA DISTRICT.

            BY ADV SRI.R.HARISHANKAR



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.

    2       THE DIRECTOR OF PANCHAYATH
            THIRUVANANTHAPURAM - 695 001.

    3       THE KONNI PANCHAYATH
            KONNI, PATHANAMTHITTA, PIN - 682 311,
            REPRESENTED BY ITS SECRETARY

    4       THE DISTRICT TOWN PLANNER
            OFFICE OF THE DISTRICT TOWN PLANNER,
            PATHANAMTHITTA, PIN - 683 542.

            BY ADVS.
            SRI.V.K.SUNIL
            SRI.SUNIL JACOB JOSE


            SR GP SRI T K VIPINDAS




     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18903 OF 2014
                               2



                          JUDGMENT

Appeal against Ext.P16 Order dated 23.08.2013 is

passed by the Secretary of the Panchayat. As per Section

276 of Kerala Panchayat Raj Act, 1994 appeal against the

order shall lie to the Panchayat president and revision, to

the Tribunal.

In this view of the matter, petitioner is relegated to

avail the remedy of appeal. I have been taken to an order

whereby there is an interim stay. In case the appeal is filed

within a period of one month, the concerned authority shall

decide the same within a period of two months thereafter.

Till such time, the interim order passed by this Court shall

continue.

Writ petition stands disposed off.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 18903 OF 2014

APPENDIX OF WP(C) 18903/2014

PETITIONER EXHIBITS

EXHIBIT P1. TRUE COPY OF THE TAX RECEIPT NO.55 ISSUED BY THE VILAGE OFFICER DATED 25.07.1996.

EXHIBIT P2. TRUE COPY OF THE NOTICE NO.A4 130/96 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 06.12.1996.

EXHIBIT P3. TRUE COPY OF THE LETTER NO.C/30/97 SENT BY THE TOWN PLANNER, PATHANAMTHITTA TO THE 1ST RESPONDENT DATED 20.01.1997.

EXHIBIT P4. TRUE COPY OF THE LETER NO.3850/E3/197/LAD SENT BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT DATED 04.02.1997.

EXHIBIT P5. TRUE COPY OF THE LETTER NO.11430/97 SENT BY THE 3RD RESPONDENT TO THE PETITIONER DATED 16.02.1997.

EXHIBIT P6. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 12.03.1998.

EXHIBIT P7. TRUE COPY OF THE INTIMATION NO.37/J2/97/M(LA) SENT BY THE 1ST RESPONDENT DATED 24.02.1997.

EXHIBIT P8. TRUE COPY OF THE ORDER NO.GO(MS)242/96/LAD BY THE 1ST RESPONDENT DATED 24.02.1997.

EXHIBIT P9. TRUE COPY OF THE PAPER REPORT DATED 02.04.1997 PUBLISHED BY THE MALAYALA MANORAMA DAILY.

EXHIBIT P10. TRUE COPY OF THE JUDGMENT IN OP.NO.6710/1997 BY THIS HON'BLE COURT DATED 27.01.1998.

WP(C) NO. 18903 OF 2014

EXHIBIT P11. TRUE COPY OF THE ORDER NO.GO(RT)NO.1586/98/LAD BY THE 1ST RESPONDENT 27.01.1998.

EXHIBIT P12. TRUE COPY OF THE ORDER NO.30/97 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 01.08.1998.

EXHIBIT P13. TRUE COPY OF THE APPLICATION BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 04.09.2004.

EXHIBIT P14. TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE 3RD RESPONDENT TO SRI.MAJEED & SMT.SAKEENA BEEGUM DATED 01.03.1997.

EXHIBIT P15. TRUE COPY OF JUDGMENT IN WP(C)NO.27056 OF 2004 DATED 03.07.2012 OF THIS HON'BLE COURT.

EXHIBIT P16. TRUE COPY OF THE ORDER NO.A2 11070/2012 PASSED BY THE PANCHAYAT DATED 23.08.2013.