Kerala High Court
Ligimol Babu vs Arpookkara Grama Panchayat on 24 October, 2024
WP(C) NO. 26551 OF 2024
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2024:KER:79261
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
WP(C) NO. 26551 OF 2024
AGAINST THE ORDER/JUDGMENT IN OS NO.91 OF 2024 OF MUNSIFF
COURT, ETTUMANOOR
PETITIONERS:
1 LIGIMOL BABU,
AGED 52 YEARS
PERUMBRAYIL HOUSE,
VILLOONNI, PIN - 686008
2 ANIMOL RAJAN,
AGED 51 YEARS
KURTHANAYIL HOUSE,
VILLOONNI, PIN - 686008
3 MARIYAMMA ,
AGED 66 YEARS
PANAMPARAMBIL HOUSE,
VILLOONNI, PIN - 686008
BY ADVS.
ABRAHAM P.GEORGE
M.SANTHY
PREETHY VARGHESE
VISHNU J.
RISHABH DILRAJ
RESPONDENTS:
1 ARPOOKKARA GRAMA PANCHAYAT,
OFFICE AT VILLOONNI, KOTTAYAM DISTRICT
REP. BY ITS SECRETARY, PIN - 686008
2 SECRETARY,
ARPOOKKARA GRAMA PANCHAYAT,
WP(C) NO. 26551 OF 2024
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OFFICE AT VILLOONNI,
KOTTAYAM DISTRICT, PIN - 686008
3 ROSAMMA MANUEL,
THURUTHUMALIL VEETTIL,
VILLOONNI, KOTTAYAM DISTRICT, PIN - 686008
4 BOBY IMMANUEL,
THURUTHUMALIL VEETTIL,
VILLOONNI P.O, KOTTAYAM DISTRICT, PIN - 686008
5 CIRCLE INSPECTOR OF POLICE,
(SHO), GANDHI NAGAR POLICE STATION,
KOTTAYAM DISTRICT, PIN - 686008
BY ADVS.
BLAZE K.JOSE - SC
SOORAJ THOMAS ELENJICKAL
HELEN P.A.(K/000084/2019)
STEPHANIE SHARON(K/303/2022)
ATHUL ROY(K/1345/2022)
INDRAJITH DILEEP(K/684/2024)
PREETHA K.K - SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26551 OF 2024
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MOHAMMED NIAS C.P., J.
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W.P(C) No. 26551 of 2024
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Dated this the 24th day of October, 2024
JUDGMENT
The prayer in the writ petition was to take further steps pursuant
to Ext.P3 and also to execute Ext.P4 resolution passed by the Panchayat. All
parties submitted that the matter is now pending before the Tribunal for
Local Self Government Institutions as Appeal No. 403 of 2024 and also the
report of Munsiff, Ettumanoor in OS No.91 of 2024 filed by the 3 rd
respondent is pending.
In view of the pendency of the above proceedings, nothing further
remains to be adjudicated in this writ petition, and the same is closed as
infructuous.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
LU
WP(C) NO. 26551 OF 2024
2024:KER:79261
APPENDIX OF WP(C) 26551/2024
PETITIONER EXHIBITS :
EXHIBIT P1 A TRUE PHOTOCOPY OF THE COMPLAINT LODGED BY
THE PETITIONERS, DATED 14/05/2024
EXHIBIT P1(A) A LEGIBLE AND TYPED COPY OF EXHIBIT P1
EXHIBIT P2 THE PHOTOGRAPHS OF THE TREES AND IT'S
BRANCHES ON THE 3RD AND 4TH RESPONDENTS'
PROPERTY, ENCROACHING ON THE PETITIONERS'
PROPERTY AND THE PUBLIC ROAD, ARE ATTACHED
EXHIBIT P3 A TRUE PHOTOCOPY OF THE NOTICE NO.
400477/PSDT02/GP4/2024/9101/(1), DATED
20/05/2024
EXHIBIT P4 A TRUE PHOTOCOPY OF RESOLUTION NO. 4(2),
DATED 29/05/2024, OF THE 1ST RESPONDENT GRAMA
PANCHAYATH COMMITTEE, IS ATTACHED
EXHIBIT P5 A TRUE PHOTOCOPY OF THE COMMUNICATION/LETTER
DATED 03/06/2024, ISSUED BY THE ASSISTANT
SECRETARY OF THE 1ST RESPONDENT GRAMA
PANCHAYATH TO THE STATION HOUSE OFFICER OF
GANDHINAGAR POLICE STATION, KOTTAYAM, IS
ATTACHED
EXHIBIT P6 A TRUE PHOTOCOPY OF THE APPLICATION DATED
05/07/2024, SUBMITTED BY THE 1ST PETITIONER
UNDER THE RIGHT TO INFORMATION ACT,
EXHIBIT P7 THE TRUE PHOTOCOPY OF THE REPLY ISSUED TO THE
1ST PETITIONER BY THE 1ST RESPONDENT
PANCHAYATH DATED 10/07/2020 UNDER RIGHT TO
INFORMATION ACT
EXHIBIT P8 THE TRUE PHOTOCOPY OF THE PLAINT IN OS.NO
91/2024 DATED 20.06.2024 IN THE FILE OF
HON'BLE MUNSIFF'S COURT, ETTUMANOOR
RESPONDENT EXHIBITS :
EXHIBIT R3(A) TRUE COPY OF THE ORDER DATED 08.08.2024 IN
I.A.NO.1092/2024 IN APPEAL NO.403/2024 ON THE
FILES OF THE TRIBUNAL FOR LOCAL SELF
WP(C) NO. 26551 OF 2024
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GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM
EXHIBIT R3(B) TRUE COPY OF THE ORDER DATED 22.06.2024
PASSED BY COURT OF MUNSIFF, ETTUMANUR IN
I.A.NO.1/2024 IN O.S.NO.91/2024
EXHIBIT R3(C) THE TRUE COPY OF THE PETITION DATED
03.05.2021 SUBMITTED BY THE 3RD RESPONDENT TO
THE PANCHAYATH SECRETARY ALONG WITH ITS
RECEIPT
EXHIBIT R3(D) TRUE COPY OF THE PETITION DATED 30.07.2024
SUBMITTED BY THE 3RD RESPONDENT TO THE
PANCHAYATH SECRETARY ALONG WITH ITS RECEIPT
// True Copy // PA To Judge
