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High Court of KeralaWP(C)/19291/2015disposed of

Pradeepkumar v. The State Of Kerala

2015-06-26Honourable 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 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 WP(C).No. 19291 of 2015 (J) ---------------------------- PETITIONER :

---------------------- PRADEEPKUMAR S/O.GOPALAN, PALAKKURUMBIL (H), KOVOOR MLA ROAD NELLIPPATHAZHAM, KUZHIMOOCHILPARAMBU KOZHIKODE-673 317.

BY ADV. SRI.E.NARAYANAN RESPONDENT(S) :

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

1. THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT TRIVANDRUM-695 001.

2. THE OLAVANNA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY GURUVAYURAPPAN COLLEGE P.O., KOZHIKODE, PIN-673 014.

3. THE SECRETARY THE OLAVANNA GRAMA PANCHAYATH GURUVAYURAPPAN COLLEGE P.O., KOZHIKODE, PIN-673 014.

4. OVERSEER, THE OLAVANNA GRAMA PANCHAYATH, GURUVAYURAPPAN COLLEGE P.O., KOZHIKODE, PIN-673 014.

5. HILITE BUILDERS PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR, 1003 TI, BUSINESS PARK, HILITE CITY, NH THONDAYAD BY-PASS CALICUT, KERALA, INDIA, PIN-673 014.

R1 BY GOVT. PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 19291 of 2015 (J) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 :

TRUE COPY OF THE REPRESENTATION DATED 27-4-2015 SUBMITTED BY THE PETTITIONER BEFORE THE SECOND RESPONDENT PANCHAYATH.

EXT. P2 :

TRUE COPY OF THE APPLICATION DATED 7-5-2015 SUBMITTED BY THE PETITIONER UNDER RTI ACT BEFORE THE SECOND RESPONDENT.

EXT. P3 :

TRUE COPY OF THE REPLY DATED 5-6-2015 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No.19291 of 2015 -------------------------------------- Dated this the 26th day of June, 2015.

JUDGMENT

The petitioner has approached this Court alleging that Ext.P1 representation submitted by the petitioner has not been considered by the respondent panchayat so far. 2.

The petitioner alleges that the fifth respondent has encroached upon a public canal situated within the local limits of the second respondent panchayat. Vide Ext.P1, the petitioner preferred a representation to the second respondent to take necessary action against the fifth respondent. Admittedly as per Ext.P3 reply, the panchayat has not taken any action in the matter.

3.

I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter. 4.

As the only prayer in this writ petition is for a direction to the respondent panchayat to consider Ext.P1, this Court is of the view that the writ petition can be disposed of,

W.P.(C) No.19291 of 2015 -2even without issuing notice to other respondents. In the result, the writ petition is disposed of directing the respondent panchayat to consider and pass appropriate orders on Ext.P1, after affording the petitioner and the fifth respondent an opportunity of being heard, within a period of one month from the date of receipt of a copy of this judgment. To facilitate an early action, it shall be open to the petitioner to produce a copy of the writ petition as well as the copy of this judgment before the respondent panchayat at the earliest. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.