Kerala High Court
Augustine Rajan vs Vellarada Grama Panchayath on 20 May, 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
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(C) NO. 23376 OF 2017
PETITIONER:
AUGUSTINE RAJAN
S/O.ANANTHA PAPPU, AGED 41 YEARS,DREAM HOUSE,
AMBALATHUVILAKOM,KARAMOODU, VELLARADA DESOM, VELLARADA
VILLAGE,NEYYATTINKARA TALUK.
BY ADVS.
SRI.G.SUDHEER
SMT.N.P.ASHA
RESPONDENTS:
1 VELLARADA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,PANCHAYAT OFFICE,
PANACHAMOODU P.O.,NEYYATTINKARA TALUK, PIN: 695 505.
2 DEPUTY SUPERINTENDENT OF POLICE
DY. S.P. OFFICE, NEYYATTINKARA, PIN: 695 505.
3 SUB INSPECTOR OF POLICE
VELLARADA POLICE STATION, VELLARADA, PIN: 695 505.
4 DISTRICT MEDICAL OFFICER
OFFICE OF D.M.O., GENERAL HOSPITAL,THIRUVANANTHAPURAM
695 005.
5 RASHEED
H/O.UMAIRATH,CHERUTHALA VILAKOM VADAKKEKARA PUTHEN
VEEDUPANCHAKUZHY, PANACHAMOODU P.O.,NEYYATTINKARA
TALUK, PIN: 695 505.
6 ANASAR
S/O.SHAHUL HAMEED,PARAVILA ROADARIKATHU
VEEDU,PANACHAMOODU P.O., PIN: 695 505.
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.23376 of 2017
2
P.V.KUNHIKRISHNAN,J.
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W.P (C) No.23376 of 2017
---------------------------
Dated this the 20th day of May, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"i) Issue a writ of mandamus or any other
appropriate writ order or direction commanding and
compelling the respondents 1 to 4 to take action to
stop the functioning of unauthorised market in front
of petitioner's shopping complex by respondents 5
and 6 and their associates.
ii) Direct the 1st respondent Panchayat to take
action to protect its revenue by preventing
functioning of unauthorised market by respondents 5
and 6 and their associates.
iii) Direct the respondents 2 and 3 to prevent
functioning of unauthorised market on the road
margin.
iv) such other appropriate writ order or direction
as this Honourable Court may deem fit and proper to
meet the ends of justice." [SIC]
2. When this writ petition came up for consideration on
14.07.2017, this Court passed the following order:-
"Admit. Sri.J.S. Ajith Kumar, the learned
Standing Counsel, takes notice for the 1 st
respondent. The learned Government Pleader takes
notice for respondents 2 to 4. Issue notice to
respondents 5 and 6 by speed post.
The Secretary of the Panchayat shall ensure
that the activity if at all carried on by respondents 5
and 6 is unauthorised, the same shall be stayed
forthwith, if necessary, with police help, which shall
be provided by the 3rd respondent."
3. In the light of the above order, no further orders are
necessary.
Recording the order dated 14.07.2017, this writ petition is
closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
APPENDIX OF WP(C) 23376/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF SALE DEED NO.234/1/2016
EXECUTED BY PRADEEP TO THE PETITIONER
DATED 2/3/2016
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED
19/1/2017 ISSUED BY THE VILLAGE OFFICER,
VELLARADA VILLAGE
EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT ISSUED
BY THE 1ST RESPONDENT PANCHAYAT TO THE
PETITIONER DATED 18/7/2016
EXHIBIT P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE
ISSUED BY THE 1ST RESPONDENT PANCHAYAT TO
THE PETITIONER DATED 7/4/2016
EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
UNAUTHORIZED CONDUCTING OF MARKET AT ROAD
MARGIN
EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED
22/6/2017 SUBMITTED BEFORE THE 2ND
RESPONDENT
EXHIBIT P7 TRUE COPY OF THE PETITION SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
DATED 3.7.2017
