Thomas Mathew, vs State of Kerala,

Type Court Judgment Court Kerala Decided Jan 31, 2023

~4 min read

https://sooperkanoon.com/case/1406078

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1406078
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman
Decided On: Jan 31, 2023
Case Number: WP(C)/39740/2022

Parties & Advocates

Appellant / Petitioner

Thomas Mathew,

Respondent

State of Kerala,

Excerpt

.....time after affording an opportunity of hearing to the petitioners.”2. heard the learned counsel for the petitioners, the learned counsel appearing for the respondent panchayath as well as the learned government pleader.3. in view of the fact the petitioners haveraised complaints with regard to the construction being carried out by respondents 4 to 6, before the 2 nd respondent, i am of the opinion that it is for the 2 nd respondent to take an appropriate decision in the matter. in the above view of the matter, there will a direction to the 2nd respondent to take up exhibits p5 and p13 complaint submitted by the petitioner, cause a site inspection to be conducted by the village officer and pass orders on the complaints with notice to the petitioner and respondents 4 to 6 and after hearing all concerned. appropriate steps will be taken within a period six weeks from the date of receipt of a copy of this judgment. it is made clear that this court has not considered the merits of the matter and it is for the 2 nd respondent to pass orders after taking note of thefacts as disclosed in the hearing.sd/- anu sivaraman judge ssk/31/01 appendix petitioner exhibits exhibit p1 true copy of the basic tax receipt dated 09.08.2021. exhibit p2 true copy of the form of patta no. la-359/2014 dated 29.01.2015. exhibit p3 true copy of the representation dated 11.04.2021 to the fifth exhibit p4 true copy of the representation dated 11.04.2021 to the seventh exhibit p5 true copy of the representation dated 05.06.2021 to the second exhibit p6 true copy of the plan and report dated 31.05.2021 prepared by the village officer, vathikudy village. exhibit p7 true copy of the letter dated 3.5.2021 sent by the sixth exhibit p8 :true copy of the order dated 26.04.2022 in i.a. no. 81/2022 in o.s. no. 30/2022 on the files of the munsiff court, idukki. exhibit p9 true copy of the commission report dated 03.05.2022 submitted by adv.neenumol karunakaran. exhibit p10 true copy of the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 31ST DAY OF JANUARY 2023 / 11TH MAGHA, 1944 WP(C) NO. 39740 OF 2022 PETITIONERS: 1 THOMAS MATHEW, AGED 66 YEARS S/O. MATHEW, KOTTUTHUNDIYIL HOUSE, BETHEL P.O., VATHIKUDY VILLAGE, IDUKKI DISTRICT - 68554. 2 ANISH THOMAS, AGED 41 YEARS, S/O. THOMAS MATHEW, KOTTUTHUNDIYIL HOUSE, BETHEL P.O., VATHIKUDI VILLAGE, IDUKKI DISTRICT - 68554. BY ADVS. U.K.DEVIDAS P.M.SHAHIDA RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM 695 001. 2 DISTRICT COLLECTOR, IDUKKI DISTRICT, KUYILIMALA P.O. IDUKKI - 685 603. 3 DISTRICT PANCHAYATH, PAINAVU P.O., KUYILUMALA, IDUKKI- 685602 REPRESENTED BY ITS SECRETARY. 4 BLOCK PANCHAYATH, THADIYAMPADU P.O., IDUKKI - 685 602 REPRESENTED BY ITS SECRETARY. 5 THE EXECUTIVE ENGINEER, PMGSY, PIU, BLOCK PANCHAYATH, THADIYAMPADU P.O., IDUKKI - 685 602. 6 THE EXECUTIVE ENGINEER, STATE HIGHWAY, PUBLIC WORKS DEPARTMENT PAINAVU
P.O., IDUKKI - 685602. 7 VATHIKUDY GRAMA PANCHAYATH, VATHIKUDY P.O. IDUKKI - 688561 REPRESENTED BY ITS SECRETARY. BY SMT.PARVATHY.K-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 31st day of January, 2023. This writ petition is filed seeking the following reliefs:-

“i. a writ of mandamus or any other appropriate writ order

or direction to second, fifth and sixth respondents to consider the grievances of the petitioners and construct a retaining wall on the side of the Kumarakom Cumbom State Highway, which is passing on the side of the property of the petitioners covered under of Exts.P1 and P2 to prevent water flow and for the protection of the life and property of the petitioners.

ii. a writ of mandamus or any other appropriate writ order

or direction to second, fifth and sixth respondents to consider the representations and pass appropriate orders within a reasonable time after affording an opportunity of hearing to the petitioners.”

2. Heard the learned counsel for the petitioners, the learned counsel appearing for the respondent Panchayath as well as the learned Government Pleader.

3. In view of the fact the petitioners have

raised complaints with regard to the construction being carried out by respondents 4 to 6, before the 2 nd respondent, I am of the opinion that it is for the 2 nd respondent to take an appropriate decision in the matter. In the above view of the matter, there will a direction to the 2nd respondent to take up Exhibits P5 and P13 complaint submitted by the petitioner, cause a site inspection to be conducted by the Village Officer and pass orders on the complaints with notice to the petitioner and respondents 4 to 6 and after hearing all concerned. Appropriate steps will be taken within a period six weeks from the date of receipt of a copy of this judgment. It is made clear that this Court has not considered the merits of the matter and it is for the 2 nd respondent to pass orders after taking note of the

facts as disclosed in the hearing.

Sd/- ANU SIVARAMAN JUDGE SSK/31/01 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 09.08.2021. Exhibit P2 TRUE COPY OF THE FORM OF PATTA NO. LA-359/2014 DATED 29.01.2015. Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 11.04.2021 TO THE FIFTH Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 11.04.2021 TO THE SEVENTH Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 05.06.2021 TO THE SECOND Exhibit P6 TRUE COPY OF THE PLAN AND REPORT DATED 31.05.2021 PREPARED BY THE VILLAGE OFFICER, VATHIKUDY VILLAGE. Exhibit P7 TRUE COPY OF THE LETTER DATED 3.5.2021 SENT BY THE SIXTH Exhibit P8 :TRUE COPY OF THE ORDER DATED 26.04.2022 IN I.A. NO. 81/2022 IN O.S. NO. 30/2022 ON THE FILES OF THE MUNSIFF COURT, IDUKKI. Exhibit P9 TRUE COPY OF THE COMMISSION REPORT DATED 03.05.2022 SUBMITTED BY ADV.NEENUMOL KARUNAKARAN. Exhibit P10 TRUE COPY OF THE COMMISSION REPORT AND SKETCH DATED 30.07.2022 SUBMITTED BY ADV. SHAJU MANNUEL. Exhibit P11 COPY OF THE PHOTOGRAPHS OF THE PROPERTY. Exhibit P12 TRUE COPY OF THE PETITION FOR IMPLEADING DATED 15.07.2022 IN O.S. NO. 30/2022 ON THE FILES OF THE MUNSIFF COURT, IDUKKI. Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 23.04.2022 SUBMITTED BY THE SECOND PETITIONER BEFORE THE SECOND Exhibit P14 TRUE COPY OF THE REPRESENTATION DATED 14.09.2022 TO THE MINISTER OF PWD WITH POSTAL RECEIPT. Exhibit P14 A TRUE COPY OF THE POSTAL RECEIPT DATED 14.09.2022 TO THE HON'BLE PRIME MINISTER. Exhibit P14 B TRUE COPY OF THE POSTAL RECEIPT DATED 14.09.2022 TO THE CHIEF JUSTICE OF KERALA. RESPONDENT EXHIBITS Exhibit R5(a) True copy of the photographs

Same Court & Year Kerala · 2023 Same Parties Thomas Mathew, vs State of Kerala, Same Judge Honourable Mrs. Justice Anu Sivaraman