Kerala High Court
Radhakrishnan vs The Secretary on 11 September, 2024
2024:KER:70046
WP(C).NO.11582/2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WP(C) NO. 11582 OF 2022
PETITIONER:
RADHAKRISHNAN, AGED 54 YEARS,
YESODHA MANDIRAM, THEKKUMPURAM, PUTHOOR P.O., KOLLAM
-691 507.
BY ADVS. M/S. N.D.PREMACHANDRAN & D.AJITHKUMAR
RESPONDENTS:
1 THE SECRETARY,
NEDUVATHOOR GRAMA PANCHAYATH, NEELESHWARAM P.O.,
KOTTARAKKARA, KOLLAM - 691505.
2 C.V. BINDAN,
S/O.VIJAYAN, SUSHMA MANDIRAM, THEKKUMPURAM, PUTHOOR
P.O., KOLLAM -691 507.
ADV. SRI.K.V.ANIL KUMAR FOR R1
ADVS. SRI. LATHEESH SEBASTIAN & SRI.R.ARUN FOR R2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).NO.11582/2022
2
MOHAMMED NIAS C. P. , J.
=====================================
W. P. (C) No. 11582 of 2022
=====================================
Dated this the 11th day of September, 2024
JUDGMENT
The petitioner challenges Ext.P10, P15, P19 & P21 orders passed by the
1st respondent. Ext.P18 dated 8.12.2021 refers to an order passed under
Section 235W(1) and directed the petitioner to show cause as to why action
should not be taken against him. Ext.P19 order was also issued on the same
day noting 4 defects. The petitioner had submitted Ext.P20, a detailed reply
refuting the allegations in Exts.P18 and P19. Ext.P21 order was passed by the
Panchayat dated 8.3.2022 without referring to any of the objections raised
by the petitioner or giving any reason as to why the explanation offered by
the petitioner cannot be accepted. On the short ground that Ext.P21, the
impugned order did not reflect any of the objections raised by the petitioner
and also, did not consider the acceptability or otherwise of the objections
raised, Ext.P21 impugned order is quashed. Though the petitioner impugns
Exts.P10 and P15 orders as well, as the learned counsel for the Panchayat
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submits that the subsisting defects are the ones noticed in Exts.P18 and P19
I am not considering the legality of the other orders impugned in the writ
petition.
2. A fresh decision shall be taken on Ext P18 and P19 after hearing
the writ petitioner and the 2 nd respondent and orders passed, in accordance
with law, within two months from the date of receipt of a copy of this
judgment. It will be open to the petitioner as well as the second respondent
to submit argument notes before the Secretary to substantiate their
contentions,which will be adverted to while taking a decision as directed
above.
The writ petition is allowed as above.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
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APPENDIX OF WP(C).NO.11582/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 (A) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR
2006-2007 / 2007-2008 DATED 5.5.2007 ISSUED
BY THE IST RESPONDENT..
EXHIBIT P1 (B) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR
2008-2009 / 2007-2008 DATED 6.1.2009 ISSUED
BY THE IST RESPONDENT..
EXHIBIT P1 (C) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR
2009-2010 / DATED 3.3.2010 ISSUED BY THE IST
RESPONDENT..
EXHIBIT P1 (D) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR
2011-2012 DATED 12.03.2012 ISSUED BY THE IST
RESPONDENT..
EXHIBIT P1(E) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR
2012-2013/ 2013-2014 DATED 5.3.2014 ISSUED BY
THE IST RESPONDENT.
EXHIBIT P2 (A) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR
2009-2010 / DATED 21.04.2010 2011-12 DATED
12.03.2012 ISSUED BY THE IST RESPONDENT..
EXHIBIT P2 (B) TRUE COPY OF THE TAX RECEIPT FOR THE YEAR
2012-13 / 2013-2014 DATED 5.3.2014 ISSUED BY
THE IST RESPONDENT..
EXHIBIT P3 TRUE COPIES OF THE TAX REMITTED IN THE IST
RESPONDENT FOR THE BUILDING NUMBER 1/200 FOR
THE YEAR 2014-15 , 2018-19 DATED 28.05.2018
AND 2016-2017 DATED 31.03.2017.
EXHIBIT P4 TRUE COPY OF THE NOTICE NO. A4/3939/2018
DATED 26.6.2018 ISSUED BY THE IST RESPONDENT.
EXHIBIT P5 A COPY OF THE PROVISIONAL ORDER NO. A-4,
3939/18 DATED 26.06.2018 ISSUED BY THE IST
RESPONDENT .
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EXHIBIT P6 TRUE COPY OF THE IDENTICAL PROVISIONAL ORDER
NO. A4-3939/18 DATED 11.07.2018 ISSUED BY THE
IST RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE NOTICE NO . A4-5061/18 DATED
30.7.2018 ISSUED BY THE IST RESPONDENT TO THE
PETITIONER.
EXHIBIT P8 A COPY OF THE DETAILED REPLY DATED 6.8.2018
ISSUED BY THE PETITIONER TO THE APPLICANT.
EXHIBIT P9 A COPY OF THE JUDGMENT IN WPC NO. 32314 OF
2018 DATED 04.10.2018 OF THE HONBLE HIGH
COURT OF KERALA AT ERNAKULAM.
EXHIBIT P10 A COPY OF THE ORDER NO. A4-3939/18 DATED
24.1.2019 ISSUED BY THE IST RESPONDENT.
EXHIBIT P11 A COPY OF THE APPEAL MEMORANDUM NO. 166/2019
SUBMITTED BEFORE THE TRIBUNAL DATED
10.03.2019.
EXHIBIT P12 A COPY OF THE STAY ORDER I.A. NO. 402/2019 N
APPEAL NO. 166/2019 DATED 11.3.2019 BEFORE
THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTIONS, THIRUVANANTHAPURAM.
EXHIBIT P13 A COPY OF THE WRITTEN STATEMENT DATED
22.7.2019 IN APPEAL NO. 166/2019 SUBMITTED
BEFORE THE TRIBUNAL.
EXHIBIT P14 A COPY OF THE WRITTEN STATEMENT FILED BY THE
2ND RESPONDENT IN APPEAL NO. 166/2019 DATED
22.02.2021 SUBMITTED BEFORE THE TRIBUNAL.
EXHIBIT P15 A COPY OF THE ORDER DATED 5.10.2021 IN APPEAL
NO. 166/2019 ISSUED BY THE TRIBUNAL.
EXHIBIT P16 A COPY OF THE COMMUNICATION NO. A4/3939/18
DATED 1811.2021 ISSUED BY THE IST RESPONDENT.
EXHIBIT P17 A COPY OF THE REPLY DATED 29.11.2021 ISSUED
BY THE PETITIONER.
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EXHIBIT P18 A COPY OF THE NOTICE NO . A4/3939/2018 DATED
08.12.2021 ISSUED BY THE IST RESPONDENT.
EXHIBIT P19 A COPY OF THE ORDER NO. A4/3939/2018 DATED
08.12.2021 ISSUED BY THE IST RESPONDENT.
EXHIBIT P20 A COPY OF THE REPLY DATED 18.12.2021
SUBMITTED BY THE PETITIONER TO THE IST
RESPONDENT.
EXHIBIT P21 A COPY OF THE ORDER NO. 3939/18 DATED
08.03.2022 ISSUED BY THE IST RESPONDENT.
EXHIBIT P22 A COPY OF THE REPLY DATED 21.03.2022 ISSUED
BY THE PETITIONER TO THE IST RESPONDENT.
EXHIBIT P23 COPY OF THE JUDGMENT IN WPC 32516 OF 2018 OF
THE HONBLE HIGH COURT OF KERALA AT ERNAKULAM.
EXHIBIT P24 COPY OF THE ASSESSMENT REGISTER SUBMITTED BY
THE IST RESPONDENT.
