High Court of KeralaWP(C)/5439/2005disposed of

Jaleel V.K. v. State Of Kerala

2015-01-08Honourable Mr.Justice K.Surendra Mohan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 5439 of 2005 (V) --------------------------- PETITIONERS :

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1. JALEEL V.K., S/O. KOCHU MUHAMMED VALIYA VEETTIL, NADACKAL, ERATTUPETTA.

2. V.A.NIYAS, VELLOOPARAMBIL, NADACKAL, ERATTUPETTA.

3. JOHNSON P.J., PALACKAL, POONJAR P.O.

4. SALEEM P.A.PULIKKANCHALIL, MATTACKAD, POONJAR P.O.

BY ADVS.SRI.T.M.ABDUL LATHEEF SMT.P.RESHMA KABIR RESPONDENTS :

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION THIRUVANANTHAPURAM.

2. ERATTUPETTA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, ERATTUPETTA.

*ADDL.R3 & R4 IMPLEADED ADDL.R3. P.H.HASEEB, PLAMOOTTIL HOUSE, ERATTUPETTA, KOTTAYAM DISTRICT ADDL.R4. ABDUL KHADER, ALINTHARAYIL HOUSE, ERATTUPETTA, KOTTAYAM DISTRICT *ADDL.R3 & R4 IMPLEADED AS PER ORDER IN I.A.5564/05 DATED 15/6/2005 R2 BY ADV. SRI.V.K.MOHAMMED YOUSUF ADDL.R BY ADV. SRI.GEORGEKUTTY MATHEW R1 BY SR.GOVERNMENT PLEADER SRI.E.M.ABDUL KHADIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5439 of 2005 (V) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : TRUE COPY OF THE RESOLUTION NO.1 DATED 25.2.1976 OF THE 2ND RESPONDENT EXT.P2 : COPY OF THE RESOLUTION NO.32 DATED 19.4.1976 OF THE 2ND RESPONDENT EXT.P3 : COPY OF THE NOTIFICATION NO.A5-385/04 DATED 3.1.2005 PUBLISHED BY THE 2ND RESPONDENT EXT.P4 : COPY OF THE PETITION SUBMITTED BEFORE THE HONOURABLE MINISTER DATED 31.1.2005 EXT.P5 : COPY OF THE PETITION SUBMITTED BEFORE SECRETARY OF THE 2ND RESPONDENT DT.30.01.05 EXT.P6 : COPY OF THE PETITION SUBMITTED BEFORE THE ERATTUPETTA PANCHAYAT COMMITTEE DATED 11.12.2004 EXT.P7 : COPY OF THE PETITION SUBMITTED BEFORE THE FIRST RESPONDENT DATED 31.01.05 RESPONDENTS' EXHIBITS :

EXT.R3(a) : COPY OF THE LETTER ISSUED BY THE COUNSEL FOR THE WRIT PETITION TO THE SECRETARY OF THE 2ND RESPONDENT PANCHAYAT DATED 10.3.2005 /TRUE COPY/ P.A TO JUDGE AV

K.SURENDRA MOHAN, J.

------------------------------------ W.P.(C) No.5439 of 2005 ----------------------------------- Dated this the 8th day of January, 2015

J U D G M E N T

This writ petition has been filed by the petitioners challenging the action of the 2nd respondent Panchayat in proceeding to establish another bus stand. It was alleged that, if another bus stand were established, the present bus stand would become a waste.

2. The counsel for the Panchayat submits that the proposed bus stand has already been established and that, both the bus stands are functioning well.

In view of the above, the apprehensions of the petitioners are held to be without any justification. This writ petition is, therefore, disposed of recording the submissions made on behalf of the counsel for the Panchayat.

Sd/- K.SURENDRA MOHAN, JUDGE.