High Court of KeralaWP(C)/7501/2015disposed of

Usha Balan v. The Director, Kudumbasree

2015-03-10Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 WP(C).No. 7501 of 2015 (K) --------------------------- PETITIONER :

----------------------- USHA BALAN, W/O.BALAN, THOTTIPARAMBIL VEEDU, MATTOOR, KALADY.P.O., ERNAKULAM-683 574.

BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S):

----------------------------

1. THE DIRECTOR, KUDUMBASREE, STATE POVERTY ERADICATION MISSION, TRIDA BUILDINGS, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM-695 011

2. DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, CIVIL STATION, KAKKANAD.P.O., PIN-682 030

3. KUDUMBASREE DISTRICT ELECTION OFFICER/DEPUTY COLLECTOR (ELECTION), ERNAKULAM, COLLECTORATE, CIVIL STATION, KAKKANAD.P.O., PIN-682 030

4. RETURNING OFFICER/AGRICULTURAL OFFICER, AGRICULTURAL OFFICE, KALADY, KALADY.P.O., ERNAKULAM-683 574.

R1 TO R4 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.7501/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 26/01/2015 P2 COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT EVIDENCING THE RECEIPT OF EXHIBIT P1 DATED 28/01/2015. RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

P.R.RAMACHANDRA MENON, J.

------------------------------------------ W.P.(C) No. 7501 of 2015 ------------------------------------------ Dated this the 10th day of March, 2015

J U D G M E N T

The petitioner has approached this Court seeking the following reliefs:

"i) declare that the election of the petitioner as member of the governing body of Community Development Society of Kalady Grama Panchayath from Area Development Society of Ward No.14 of Kalady Grama Panchayath as valid.

ii) issue writ of mandamus or other appropriate or direction to the 3rd respondent to dispose of Ext.P1 complaint as expeditiously as possible within a time limit prescribed by this Honourable Court.

iii) grant such other reliefs which this Honourable Court may deem fit and proper in the circumstances of the case."

W.P.(C) No. 7501/2015 -22.

Learned counsel for the petitioner submits that the grievance of the petitioner has already been highlighted by the Ext.P1 complaint, which is pending consideration before the 3rd respondent; the receipt of which stands acknowledged, as borne by Ext.P2. Prayer is to process Ext.P1 and dispose of within a reasonable time. 3.

Heard the learned Government Pleader also.

In view of the limited extend of relief sought for, this Court does not find it necessary to deal with the merits of the case. The Writ Petition is disposed of directing the 3rd respondent to consider and pass appropriate orders on Ext.P1 in accordance with law, after affording an opportunity of hearing to the petitioner and the other interested parties, if any, within six weeks from the date of receipt of a copy of this judgment.

W.P.(C) No. 7501/2015 -3The petitioner shall produce a copy of the judgment along with a copy of the Writ Petition before the concerned respondent for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE jjj