N.Krishnakumar v. The Joint Development Commissioner & Joint Programme Coordinator

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 WP(C).No.9240 of 2015 (D) ------------------------------------- PETITIONER:

------------------- N.KRISHNAKUMAR,AGED 41 YEARS,S/O.NANU, NARAYANA BHAVAN MADATHILKARAZHMA, OACHIRA - 690 526.

BY ADVS.SRI.K.SHAJ SRI.SAJJU.S RESPONDENT'S:

------------------------- 1.

THE JOINT DEVELOPMENT COMMISSIONER & JOINT PROGRAMME COORDINATOR, RURAL DEVELOPMENT DEPARTMENT, DISTRICT PANCHAYATH CAMPUS,THEVALLY P.O.

KOLLAM - 691 009.

2.

THE SECRETARY,OACHIRA GRAMA PANCHAYATH, OACHIRA P.O.,KOLLAM -690 526.

3.

OACHIRA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYATH OFFICE, OACHIRA P.O.,KOLLAM - 690 526.

4.

THE PROGRAMME OFFICER, BLOCK PROGRAMME OFFICE, OACHIRA P.O.,OACHIRA,KOLLAM - 690 526.

5.

THE DEPUTY DIRECTOR OF PANCHAYATH, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH, COLLECTORATE,KOLLAM - 691 013.

6.

ABDUL KHADER,OVERSEER (ON CONTRACT BASIS), OACHIRA GRAMA PANCHAYATH,OACHIRA - 690 526.

R1 & R5 BY SENIOR GOVT. PLEADER SRI.K.C.VINCENT. R2 TO R4 AND R6 BY SRI.P.K.VIJAYAMOHANAN.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.9240 of 2015 (D) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXT.P-1:THE TRUE COPY OF THE G.O(MS) NO.167/09/LSGD DATED 26.8.2009 ISSUED BY THE LOCAL SELF DEPARTMENT,KERALA.

EXT.P-2:THE TRUE COPY OF THE LETTER NO.28012/05-06-NREGA DATED 30.3.2007 ISSUED BY THE MINISTRY OF RURAL DEVELOPMENT, NREGA DIVISION.

EXT.P-3:THE TRUE COPY OF THE LETTER NO.A1392/14 DATED 12.11.2014 ISSUED BY THE FIRST RESPONDENT.

EXT.P-4:THE TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P3. EXT.P-5:THE TRUE COPY OF THE DECISION OF THE URGENT COMMITTEE OF THE OACHIRA GRAMA PANCHAYATH HELD ON 18.11.2014 IN CONNECTION WITH M.G.N.R.E.G SCHEME.

EXT.P-6:THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P5. EXT.P-7:THE TRUE COPY OF THE REPRESENTATION DATED 17.11.2014 GIVEN BY THE PETITIONER TO THE FIFTH RESPONDENT.

EXT.P-8:THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P7. EXT.P-9:THE TRUE COPY OF THE REPRESENTATION DATED 26.11.2014 FILED BY THE PETITIONER AND OTHERS BEFORE THE FIFTH RESPONDENT. EXT.P-10:THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P9 REPRESENTATION.

EXT.P-11:THE TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH, KOLLAM DT.26.11.14. EXT.P-12:THE TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P11 RECEIPT DT.26.11.14.

EXT.P-13:THE TRUE COPY OF THE COMPLAINT DATED 7.1.2015 GIVEN TO THE FOURTH RESPONDENT.

EXT.P-14:THE TRUE COPY OF THE ENGLISH TRANSLATION OF THE EXHIBIT 12 COMPLAINT.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 9240 of 2015 -------------------------------------------- Dated this the 24th day of March, 2015

JUDGMENT

The petitioner has approached this Court with the following prayers:

"i. Issue a writ of certiorari or any appropriate order or direction calling for the records and proceeding leading to Exhibit P5 and quash the same.

ii. Issue a writ in the nature of mandamus or any appropriate writ, order or direction, to the fourth respondent to consider Ext.P13 and dispose the same within a specified time limit.

iii. Issue a writ of mandamus or any appropriate order or direction to the fifth respondent to consider Exhibit P9 and dispose the same within a specified time limit. iv. Pass such other order or direction that this Honourable Court may deem fit and proper in the facts and circumstances of the case."

The learned counsel for the petitioner submits that the grievance of the petitioner has already been projected by way of Ext.P9 representation which is pending consideration before the 5th respondent and the prayer is only to cause the same to be considered and disposed within a reasonable time.

2. Heard the learned Government Pleader as well.

W.P.C. No. 9240 of 2015 -23. Considering the limited nature of the relief sought for, this Court does not find it necessary to go into the merits of the case. The writ petition is disposed of, directing the 5th respondent to consider and pass appropriate orders on Ext.P9 in accordance with law, after giving an opportunity of hearing to the petitioner and respondents 2 and 6 at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.

The writ petition is disposed of.

P.R. RAMACHANDRA MENON, JUDGE.

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