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High Court of KeralaWP(C)/12272/2015disposed of

Mangalam Educational Society v. The District Collector, Collectorate, Kottayam

2015-06-19Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 19TH DAY OF JUNE 2015/29TH JYAISHTA, 1937 WP(C).No. 12272 of 2015 (H) ------------------------------------------- PETITIONER(S) :

------------------------- MANGALAM EDUCATIONAL SOCIETY, MANGALAM HILLS, VETTIMUKAL (P.O), ETTUMANOOR, KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S) :

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

1. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, PIN- 686 002.

2. THE SECRETARY, ETTUMANOOR GRAMA PANCHAYATH, ETTUMANOOR, KOTTAYAM DISTRICT, PIN- 686 631.

3. T.R.REGHUNATH, DISTRICT SECRETARY, CITU, CPI (M) DISTRICT COMMITTEE OFFICE, NEAR THIRUNAKKARA TEMPLE, KOTTAYAM, PIN- 686 001.

4. N.M.RADHAKRISHNAN, SECRETARY, BMS ETTUMANOOR AREA COMMITTEE, DISTRICT COMMITTEE OFFICE, T.B. JUNCTION, M.L ROAD, KOTTAYAM, PIN- 686 039.

R1 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR R2 BY ADV. SRI.SIBY CHENAPPADY, S.C THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 12272 of 2015 (H) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 24.01.2015. EXHIBIT P2:

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 24.01.2015. EXHIBIT P3:

TRUE COPY OF THE REMINDER LETTER SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT, DATED 26.02.2015. EXHIBIT P4:

TRUE COPY OF THE JUDGMENT PASSED B THIS HONOURABLE COURT IN W.P.(C).NO.19852/2012, DATED 24.09.2012. RESPONDENT(S)' EXHIBITS :

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

Msd.

A.V.RAMAKRISHNA PILLAI, J --------------------------------------------- WPC No.12272 of 2015 --------------------------------------------- Dated this the 19th day of June, 2015

JUDGMENT

The petitioner is seeking a direction from this Court to the respondents to remove the obstructions made by respondents 3 and 4 on the public road.

2. The Mangalam Engineering College owned and managed by the petitioner society is situated by the side of Padiyara-mangalam road within the limits of the 2nd respondent Panchayat and the ingress and egress to and from the said college is through the above road. Due to the obstruction caused by the respondents, the students and staffs of the college are facing acute difficulties and inconveniences. Even though the petitioner submitted Exts.P1 and P2 representations before the respondents 1 and 2, they have not taken any action against respondents 3 and 4. It is with this background, the petitioner has come up before this Court.

3. Heard both sides.

WPC No.12272/2015 2

4. As Exts.P1 and P2 complaints are pending before the respondents, this writ petition can be disposed of directing the respondents to consider Exts.P1 and P2 representations.

Therefore, this writ petition is disposed of directing the second respondent to consider Ext.P1 and the first respondent to consider Ext.P2, after affording the petitioner an opportunity of being heard. The entire exercise shall be completed within a period of two months from the date of receipt of a copy of this judgment. sd/- A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE