High Court of KeralaWP(C)/18736/2015disposed of

Sabu T v. The Director Of Panchayath

2015-06-23Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 WP(C).No. 18736 of 2015 (N) ---------------------------- PETITIONER(S):

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1. SABU T, S/O. THANKAPPAN, VELIYIL HOUSE, KARIKKAD P.O.

THANNEERMUKKAM, ALAPPUZHA.

2. ANUMOD, S/O.GOVINDAN, KOOTUMEL HOUSE, KARIKKAD P.O.

THANNEERMUKKAM, ALAPPUZHA.

BY ADVS.SRI.P.V.JAYACHANDRAN DR.K.S.NIZAR SRI.S.SUDHEESHKAR SRI.E.B.SHIVANANDAN SRI.PAUL V.KOLLINAL SRI.NIDHI BALACHANDRAN RESPONDENT(S):

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1. THE DIRECTOR OF PANCHAYATH (ADDITIONAL CHARGE), PUBLIC OFFICE BUILDING MUSEUM P.O., THIRUVANANTHAPURAM.

2. THANNEERMUKKAM GRAMA PANCHAYATH COMMITTEE, OFFICE OF THE THANNEERMUKKAM GRAMA PANCHAYATH CHERTHALA, ALAPPUZHA REPRESENTED BY ITS PRESIDENT- 688 527.

3. THE SECRETARY, THANNEERMUKKAM GRAMA PANCHAYATH, CHERTHALA ALAPPUZHA - 688 527.

4. P.V. BABU, PADIKKAPARAMBU VELIYIL, VARANADU P.O., CHERTHALA ALAPPUZHA - 688 524.

R1 BY GOVERNMENT PLEADER SMT.K.A.SANGEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VS

WP(C).No. 18736 of 2015 (N) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1 - TRUE COPY OF THE CERTIFICATE DATED 04/07/2013. EXHIBIT-P2 - TRUE COPY OF THE NOTICE DATED 29/06/2013.

EXHIBIT-P3 - TRUE COPY OF THE RESOLUTION DATED 04/11/2013 OF 2ND RESPONDENT.

EXHIBIT-P4 - TRUE COPY OF THE JUDGMENT DATED 04/11/2013 IN W.P(C) 26574/2013.

EXHIBIT-P5 - TRUE COPY OF THE JUDGMENT DATED 12/11/2013 IN W.A 1720/2013.

EXHIBIT-P6 - TRUE COPY OF THE COMMUNICATION NO. D-12833/2013 DATED 07/01/2014.

EXHIBIT-P7 - TRUE COPY OF THE COMMUNICATION NO. D-7874/2014 DATED 21/10/2014.

EXHIBIT-P8 - TRUE COPY OF THE REQUEST DATED 11/11/2014.

EXHIBIT-P9 - TRUE COPY OF THE COMPLAINT DATED 14/02/2015.

EXHIBIT-P10 - TRUE COPY OF THE ACKNOWLEDGMENT CARD.

RESPONDENT(S)' EXHIBITS NIL ----------------------------------------- /TRUE COPY/ PA TO JUDGE VS

A.V.RAMAKRISHNA PILLAI, J ----------------------------------------------- W.P.(C).No.18736 of 2015 ----------------------------------------------- Dated this the 23rd day of June, 2015

JUDGMENT

The petitioners seek directions from this Court to the first respondent to consider Ext.P9 complaint.

2. The 2nd respondent in its meeting held on 16.10.2014 decided not to renew the deemed license in favour of the 4th respondent to conduct toddy shop No.28 of Cherthala Range in the residential building No.VI/339/G in Ward No.13 of Thannermukam Panchayath. Accordingly, the 3rd respondent issued Ext.P7 Order. The 3rd respondent communicated Ext.P7 to the petitioners and the 4th respondent. Notwithstanding Ext.P7, the 4th respondent is still conducting the toddy shop No.28 of Cherthala Range in the residential building No.VI/339/G in Ward No.13 of Thannermukam Grama Panchayath; it is alleged. According to the petitioners, the 3rd respondent, being the subordinate officer of the 2nd respondent, is legally duty bound to implement Ext.P7 and to see that the 4th respondent is not conducting the toddy shop No.28 even after getting Ext.P8 request. Alleged by the inaction

W.P.(C).No.18736 of 2015 on the part of the 3rd respondent to implement Ext.P7, the petitioners submitted Ext.P9 Complaint dated 14.02.2015. No action by the 1st respondent till date; it is alleged. Hence, the above writ petition.

3. Heard the learned counsel for the petitioner and learned Government Pleader.

4. As the learned counsel for the petitioners confined his arguments to the limited prayer for a direction to the first respondent to consider Ext.P9, this Court is of the view that the writ petition can be disposed of even without issuing notice to the respondents. Therefore, the writ petition is disposed of directing the first respondent to consider and pass appropriate orders in Ext.P9 within a period of one month from the date of receipt of a copy of this judgment. To facilitate an early action, the petitioner shall be at liberty to produce a copy of this judgment as well as a copy of this writ petition before the first respondent at the earliest.

A.V.RAMAKRISHNA PILLAI JUDGE vs