P.Surendran v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 WP(C).No. 4492 of 2007 (I) --------------------------- PETITIONER(S):

1. P. SURENDRAN, S/O.PAULOSE, AGED 42, SUDHEESH NIVAS, VALIYAMALA, CHERAPPALLY, ARYANAD P.O., NEDUMANGAD TALUK, TRIVANDRUM DISTRICT. 2.

K. RAJENDRAN, S/O.KRISHNAN, AGED 35, ASWATHY BHAVAN, CHARAPPALLY, VALIYAMALA, PARANDODE P.O., ARYANAD, NEDUMANGAD TALUK, TRIVANDRUM DISTRICT.

BY ADVS.SRI.J.DEVADANAM SRI.VINOD J.DEV SRI.PRAMOD J.DEV.

RESPONDENT(S):

1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

2. THE DIRECTOR OF SOCIAL WELFARE, DIRECTORATE OF SOCIAL WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM.

3. DISTRICT SOCIAL WELFARE OFFICER, OFFICE OF THE DISTRICT SOCIAL WELFARE, POOJAPURA, THIRUVANANTHAPURAM.

4. BLOCK DEVELOPMENT OFFICER, BLOCK DEVELOPMENT OFFICE, VELLANAD P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM.

5. THE PROJECT OFFICER, (CHILD DEVELOPMENT), OFFICE OF THE CHILD DEVELOPMENT PROJECT, VELLANAD, NEDUMANGAD TALUK, THIRUVANANTHAPURAM.

6. ARYANAD PANCHAYAT, REPRESENTED BY ITS SECRETARY, NEDUMANGAD TALUK, THIRUVANANTHAPURAM.

7. SUJATHA, WORKER, ANGANVADI NO.140, VALIYAMALA PARANDODE P.O., ARYANAD, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY GOVERNMENT PLEADER SRI.S.JAMAL.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs.

WP(C).No. 4492 of 2007 (I) APPENDIX PETITIONER(S)' EXHIBITS :

----------------------- EXHIBIT P1:

TRUE COPY OF RESOLUTION DATED 24/08/2005 PASSED BY THE ARYANAD GRAMA PANCHAYAT.

EXHIBIT P2:

TRUE COPY OF ORDER DATED 18/08/93 NO.G.O.(MS)17/93. EXHIBIT P3:

TRUE COPY OF ORDER C/1648/05 DATED 15/12/2005 PERIOD BY 3RD RESPONDENT.

EXHIBIT P4:

TRUE COPY OF ORDER DATED 17/12/2005 ISSUED BY 5TH RESPONDENT TRANSFERRING THE 7TH RESPONDENT TO ANGANVADI NO.121. EXHIBIT P5:

TRUE COPY OF ORDER DATED 20/10/05 IN IA 499/05 OF LOK AYUKTA. EXHIBIT P6:

TRUE COPY OF REPRESENTATION DATED 22/12/2005 SUBMITTED BY 1ST PETITIONER BEFORER THE 2ND RESPONDENT.

EXHIBIT P7:

TRUE COPY OF REPRESENTATION DATED 13/11/06 SUBMITTED BY 1ST PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS :

------------------------ NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 4492 of 2007 (I) ------------------------------------------ Dated this the 4th day of August, 2015

J U D G M E N T

The petitioners had approached this Court for a direction to implement Exts.P1, P3 and P5. Ext.P1 is a resolution passed by the Local Self Government Institution to request for construction of an Anganavadi building. Ext.P3 is a transfer effected by the Social Welfare Officer and Ext.P7 is a representation filed by the petitioners herein.

2.

The averments in the writ petition also indicate that the transfer of the 7th respondent as per Ext.P3 was not implemented and there were proceedings before the Lok Ayukta.

3.

It is not clear as to whether any building has been constructed after all these years. In any event, this Court cannot, at this stage, direct implementation of either the resolution or the transfer nor direct consideration of a

W.P.(C) No.4492/2007 -2representation filed long back.

4.

If the petitioners or the present committee members of the Anganavadi have any grievance, then the same can be agitated before the appropriate authority. Writ petition would stand closed.

Sd/- K.VINOD CHANDRAN, JUDGE jjj