Vinitha A.S vs Aamballoor Grama Panchayat
2024 Latest Caselaw 14635 Ker

Kerala High Court

Vinitha A.S vs Aamballoor Grama Panchayat on 31 May, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
         FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                        WP(C) NO. 16839 OF 2024
PETITIONER:

              VINITHA A.S.,
              AGED 36 YEARS
              W/O SALEESH, PULARIKKUZHIYIL HOUSE, PARPPAKODE,
              MARITHAZHAM POST, KULAYATTIKARA VILLAGE,KANAYANNUR
              TALUK , ERNAKULAM, PIN - 682315
              BY ADVS.
              M.B.SANDEEP
              ASWATHY JAYARAJ
              VISHNU K.K.
              SHIYON BIJU


RESPONDENTS:

              AAMBALLOOR GRAMA PANCHAYAT ,
              AAMBALLOOR, KANJIRAMATTOM P.O. ,
     1
              ERNAKULAM, PIN - 682315
              REPRESENTED BY ITS SECRETARY,
              THE SECRETARY,
     2        AAMBALLOOR GRAMA PANCHAYAT,AAMBALLOOR,
              KANJIRAMATTOM P.O.,ERNAKULAM, PIN - 682315
              P.N. SUDHAKARAN,
              AGED 74 YEARS
     3
              S/O NARAYANAN, PULARIKUZHI HOUSE, MARITHAZHAM P.O.,
              KANJIRAMATTOM, ERNAKULAM, PIN - 682315
              BY ADVS.
              T.K.AJITHKUMAR (VALATH)
              R.SUDHISH
              M.MANJU(K/003562/1999)


OTHER PRESENT:

              SRI.T.K.AJITH KUMAR, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16839 OF 2024
                                        2



                         MOHAMMED NIAS C.P., J.

                    ========================

                         W.P(C) No. 16839 of 2024

                    ========================

                    Dated this the 31st day of May, 2024



                               JUDGMENT

The above writ petition is filed with the following prayers;

" i) Issue a writ of mandamus to the 1st respondent to

consider Ext.P6 appeal.

ii) Issue any other writ, order or direction that the

court deems fit in the interest of justice. "

2. The petitioner submits that they filed Ext.P6 appeal

against Ext.P4 order, which allowed the third respondent to

construct the pathway.

3. The learned counsel for the petitioner submits that no

orders have been passed on the statutory application so far.

4. Accordingly, there will be a direction to the 1 st

respondent to consider Ext.P6 appeal within a period of six weeks

from the date of receipt of a copy of the judgment, with notice to

the petitioner and the 3rd respondent. Till orders are passed as

directed above, the interim order granted by this Court staying the WP(C) NO. 16839 OF 2024

operation of Ext.P4 will remain in force.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

LU WP(C) NO. 16839 OF 2024

APPENDIX OF WP(C) 16839/2024

PETITIONER EXHIBITS :

TRUE COPY OF THE TITLE DEED 2706/1/2023 OF EXHIBIT P1 MULAMTHURUTHY SRO TRUE COPY OF JUDGEMENT DATED 12.02.2024 IN EXHIBIT P2 WP(C) 5355/2024 TRUE COPY OF THE NOTICE BEARING NUMBER EXHIBIT P3 JC3/248/2024 ISSUED BY 2ND RESPONDENT TRUE COPY OF THE ORDER DATED 02.04.2024 EXHIBIT P4 PASSED BY THE 2ND RESPONDENT TRUE COPY OF THE RTI APPLICATION DATED EXHIBIT P5 05.04.2024 SUBMITTED BY MRS RADHAMONI TO THE 2ND RESPONDENT TRUE COPY OF THE APPEAL FILED BY THE EXHIBIT P6 PETITIONER BEFORE THE 1ST RESPONDENT DATED 17.4.2024 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT EXHIBIT P6(A) DATED 18.04.2024 TRUE COPY OF THE STAY PETITION FILED BY EXHIBIT P7 PETITIONER BEFORE THE 1ST RESPONDENT DATED 17.4.2024

// True Copy // PA To Judge