Antony vs State Of Kerala
2024 Latest Caselaw 30265 Ker

Kerala High Court

Antony vs State Of Kerala on 24 October, 2024

WP(C) No.37524/2024                       1/3                        Order Date : 24-10-2024

                        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. 37524 OF 2024
   PETITIONER:

          ANTONY AGED 76 YEARS S/O. JOSEPH, CHAKKALAKKAL HOUSE, MURINGOOR
          THEKKUMURI VILLAGE, KORATTY P.O., CHALAKUDY TALUK, THRISSUR
          DISTRICT, PIN - 680308

   RESPONDENTS:

      1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL
         SELF GOVERNMENT AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM,, PIN -
         695001
      2. DISTRICT COLLECTOR THRISSUR DISTRICT, COLLECTRATE, AYYANTHOLE,
         THRISSUR, PIN - 695003
      3. KORATTY GRAMA PANCHAYTH REPRESENTED BY ITS SECRETARY, KORATTY P.O,
         CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680308
      4. PANCHAYATH COUNCIL, KORATTY GRAMA PANCHAYTH REPRESENTED BY ITS CHAIR
         PERSON, KORATTY P.O, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN -
         680308


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all further proceedings pursuant to Ext.P5, and P7 notices
   issued by the secretary, Koratty Grama Panchayath dated 22/10/2024,
   pending consideration of the above writ petition in the interest of
   justice.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.N.L.BITTO & MITHUL T ANTO Advocates for the petitioner, the court
   passed the following:
 WP(C) No.37524/2024                         2/3                           Order Date : 24-10-2024




                                 MOHAMMED NIAS C.P, J.
                         ---------------------------------------------
                                W.P.(C) No.37524 of 2024
                         ---------------------------------------------
                        Dated this the 24th day of October, 2024

                                         ORDER

The learned Government Pleader takes notice for respondents

1 and 2. The learned Standing Counsel takes notice for respondents

3 and 4.

The learned counsel for the petitioner submits that against

Ext.P5 notice issued by the petitioner making similar allegations, he

has filed Ext.P6 appeal before the Panchayat Council and the same

is pending consideration and it is in the meantime that Ext.P7

notice has been issued by the Panchayat. This is recorded. In view

of the above submission, there will be an interim stay of all further

proceedings pursuant to Ext.P7 for a period of one month.

Post on 22.11.2024.

Sd/-

MOHAMMED NIAS C.P. JUDGE DMR/-

WP(C) No.37524/2024 3/3 Order Date : 24-10-2024

APPENDIX OF WP(C) 37524/2024 Exhibit-P1 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE VILLAGE OFFICER DATED 15/5/1988 Exhibit-P2 A TRUE COPY OF THE JUDGMENT IN RSA.990 OF 2005 OF THE HONOURABLE HIGH COURT OF KERALA DATED 11/3/2005 Exhibit-P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 6/9/2024 Exhibit-P4 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 11/9/2024 Exhibit-P5 A TRUE COPY OF THE NOTICE NO.JC-5/1648/2024 ISSUED BY THE 3RD RESPONDENT DATED 8/10/2024 Exhibit-P6 A TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER

Exhibit-P7 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE PANCHAYATH COUNCIL DATED 22/10/2024