Kerala High Court
M.Shahul Hameed vs The Pangode Grama Panchayat on 31 October, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
MONDAY, THE 18TH DAY OF JANUARY 2016/28TH POUSHA, 1937
WP(C).NO. 33929 OF 2011 (M)
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PETITIONER:
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M.SHAHUL HAMEED,
AGED 79 YEARS, S/O.MUHAMMED HANEEFA, SHAJAHAN MANZIL
KEEZHANOOR, VALAVUPACHA.P.O., CHITHARA VILLAGE,
KOLLAM.
BY ADVS.SRI.T.A.UNNIKRISHNAN
SRI.K.S.PRAVEEN
RESPONDENT(S):
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1. THE PANGODE GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, PANGODE,
THIRUVANANTHAPURAM. PIN.NO.695 609.
2. THE SUPERINTENDENT OF POLICE,
THIRUVANANTHAPURAM. PIN.695 001.
3. LAILA BEEVI,
ASIF MANZIL, KODUNGUMCHERY, PANGODE VILLAGE,
THIRUVANANTHAPURAM. PIN-695 609.
4. YUSUF, S/O.ABDUL RAZAK,
ASIF MANZIL, KODUNGUMCHERY, PANGODE VILLAGE,
THIRUVANANTHAPURAM. PIN-695 609.
5. USMAN, S/O.MEERASAHIB,
KOCHUVILA VEEDU, KANCHINADA.P.O., KOCHALUMMOOD,
PANGODE, THIRUVANANTHAPURAM., PIN.695 609.
R1 BY ADV. SRI.K.P.RAJEEVAN
R3 & R4 BY ADV. SRI.M.DINESH
R2 BY ADV. GOVERNMENT PLEADER, SRI. NOUSHAD THOTTATHIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).NO. 33929 OF 2011 (M)
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APPENDIX
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PETITIONER'S EXHIBITS:
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EXT.P1 : TRUE COPY OF THE COMPLAINT DATED 31.10.2011
SUBMITTED TO THE 1ST RESPONDENT.
EXT.P2 : TRUE COPY OF THE COMPLAINT DATED 10.11.2011
SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
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//TRUE COPY//
P.A. TO JUDGE
DST
K. HARILAL, J.
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W.P. (C) No.33929 of 2011
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Dated this the 18th day of January, 2016
J U D G M E N T
Petitioner and respondents 3 to 5 are neighbours, residing within the limits of the 1st respondent, Panchayat. The grievance of the petitioner is that respondents 3 to 5 encroached the public road vested with the 1st respondent Panchayat and started construction of a residential house in their plots, including the encroached area. Though, the said encroachment was resisted by the petitioner and other local public, due to political influence exerted, the official respondents are not taking any action against them. The petitioner has filed Ext.P1 complaint, before the 1st respondent, requesting to take necessary action against the W.P.(C) No.33929 of 2011 -: 2 :- alleged encroachment made by respondents 3 to 5. But, the 1st respondent also has not taken any action on Ext.P1. This is the grievance highlighted in this writ petition.
2. The learned counsel appearing for the 1st respondent submits that immediately on receipt of Ext.P1, the 1st respondent has issued notice to respondents 3 to 5 and on receipt of the said notice, they have filed Appeal No.794/2011, before the Court of Tribunal for Local Self Government Institutions, Thiruvananthapuram and the Tribunal disposed of the matter, directing the 1st respondent to take a decision, after affording an opportunity of being heard to the petitioner and respondents 3 to 5.
3. In view of the submissions made at the Bar, this Court finds that the Panchayat has taken action W.P.(C) No.33929 of 2011 -: 3 :- on Ext.P1 and the grievance of the petitioner is unfounded.
4. Since the Statutory Appellate Authority constituted under Section 271S of the Kerala Panchayat Raj Act, 1994 had already exercised jurisdiction in accordance with the Panchayat Raj Act, 1994, there is no circumstance, warranting interference of this Court, in exercise of the extraordinary jurisdiction under Article 226 of the Constitution of India.
In the above view, this writ petition will stand dismissed.
Sd/-
K. HARILAL, JUDGE DST //True copy// P.A. To Judge