Kerala High Court
Pachattu Sasidharan vs Faroke Municipality on 25 October, 2024
WP(C) NO. 903 OF 2023 1
2024:KER:79636
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 903 OF 2023
PETITIONER:
PACHATTU SASIDHARAN,
AGED 56 YEARS
S/O.SWAMIKUTTY, AKSHAYA, VALIYAPARAMBU, NALLOOR,
KALLITHODY FAROKE, KOZHIKODE DISTRICT, PIN -
673631
BY ADVS.
K.MOHANAKANNAN
MAYA S. KUMAR
RESPONDENTS:
FAROKE MUNICIPALITY,
FEROKE PO, KOZHIKODE, REPRESENTED IT ITS
1
SECRETARY, PIN - 673631
THE SECRETARY,
FAROKE MUNICIPALITY FAROKE PO, KOZHIKODE, PIN -
2
673631
MUNCIPAL COUNCIL,
FEROKE MUNICIPALITY,FAROKE
3 PO,KOZHIKODE,REPRESENTED BY ITS CHAIRMAN, PIN -
673631
ABDUL MANAF.K.T,
AGED 51 YEARS
S/O.KUNJUMUHAMMED, GENERAL SECRETARY, SAFETY
4 FORUM, KOZHIKODE, DOOR.NO.23/1929 C5, ALEEMA
SQUARE,KANNACHERRY, KALLAI PO, KOZHIKODE, PIN -
673303
WP(C) NO. 903 OF 2023 2
2024:KER:79636
KUNHAMUTTY P.C,
S/O.LATE BAVA,RASHID MANZIL, PALAKKA PORAYI,
5 NALLOOR, KALLITHODU, FAROKE PO, KOZHIKODE, PIN -
673631
BY ADVS.
P.A.MOHAMMED SHAH
ABDUL MANAF.K.T,(Party-In-Person)
K.M.FIROZ
SHRI.MUHAMMED SHAH, SC, PANJAL GRAMA PANCHAYAT
M.SHAJNA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 903 OF 2023 3
2024:KER:79636
MOHAMMED NIAS C.P., J
............................................................
W.P(C) No.903 of 2023
.............................................................
Dated this the 25th day of October 2024
JUDGMENT
The petitioner challenges Ext.P5 show cause notice
issued by the 1st respondent dated 19.11.2022. Ext.P5 was issued
based on the complaint made by the 5th respondent as well as
one, Sri.Sasidharan. P.
2. It will be open to the petitioner to file his
objection to Ext.P5, within two weeks from today, if not already
filed. On receipt of the objection, respondents 1 and 2 shall pass
appropriate orders, in accordance with law, with notice to the
writ petitioner, respondents 4 and 5 and other affected parties,
within a month thereafter. Till a decision is taken as directed
above, the interim order granted by this Court on 12.01.2023 shall
continue to operate. All other contentions of the petitioner are
left open.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Anu
2024:KER:79636
APPENDIX OF WP(C) 903/2023
PETITIONER EXHIBITS
TRUE COPY OF THE ORDER NO.A4.422/14
DATED 27-2-2015 OF THE FAROKE GRAMA
Exhibit P1
PANCHAYAT WITH PLAN
TRUE COPY OF THE COMPLAINT OP
NO.46/2022 DATED 21-6-2022 FILED BY THE
Exhibit P2 5TH RESPONDENT BEFORE THE PERMANENT LOK
ADALATH
TRUE COPY OF THE OBJECTION DATED 29-8-
2022 FILED BY THE PETITIONER BEFORE THE
Exhibit P3
LOK ADALATH
TRUE COPY OF THENOTICE ISSUED BY THE
2ND RESPONDENT TO THE PETITIONER DATED
Exhibit P4
30-11-2022
TRUE COPY OF THE NOTICE
NO.FE2/11387/2022 DATED 19-11-2022
Exhibit P5
ISSUED BY THE ASST. ENGINEER
TRUE COPY OF THE NOTE PREPARED BY THE
MUNICIPALITY WITH SIGNATURE OF
Exhibit P6 PETITIONER AND RESPONDENT 4 AND 5 WITH
TYPED COPY
TRUE COPY OF THE JUDGMENT IN APPEAL
362/2022 DATED 6-1-2023 OF LOCAL SELF
Exhibit P7 GOVERNMENT DEPARTMENT,
THIRUVANANTHAPURAM
Exhibit P8 TRUE COPY OF THE PLAINT OS 1/2022 OF
THE MUNSIFF'S COURT-II, KOZHIKODE DATED
2024:KER:79636
TRUE COPY OF THE COMMISSION REPORT IN
OS 1/2022 DATED 25-1-2022 OF THE
Exhibit P9
MUNSIFF'S COURT-II, KOZHIKODE
TRUE COPY OF THE SKETCH TO SHOW THE
DISTANCE BETWEEN THE SEPTIC TANK AND
Exhibit P10 THE HOUSE OF THE 3RD RESPONDENT AND THE
WELL OF THE PETITIONER
TRUE COPY OF THE AFFIDAVIT FILED BY THE
4TH RESPONDENT HEREIN IN OS 1/2022 OF
Exhibit P11 THE MUNSIFF'S COURT-II, KOZHIKODE DATED
22-6-2022
RESPONDENT EXHIBITS
TRUE COPY OF LETTER NO FE2/6985/2022
DATED 04.08.2022 ISSUED BY 2ND
Exhibit R4 (a)
RESPONDENT
TRUE COPY OF ORDER DATED 31.10.2022 OF
THE HONORBLE PERMANENT LOK ADALATH
Exhibit R4 (b)
KOZHIKODE
TRUE COPY OF COMPLAINT DATED 12.09.2022
& RECEIPT NO. FE2/10013/2022 DATED
Exhibit R4 (c)
12.09.2022 OF THE PETITIONER
