IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

MONDAY, THE 10TH DAY OF JANUARY 2022 / 20TH POUSHA, 1943

WP(C) NO. 28911 OF 2021

PETITIONERS:

• 1 ABHILASH. C, AGED 37 YEARS S/O.BALAKRISHNAN NAIR, EDAPPANNI, BEDADKA CHENGALA VIA, KASARGODE 671 541
• 2 ABHISH C, AGED 35 YEARS S/O.BALAKRISHNAN NAIR, EDAPPANNI, BEDADKA CHENGALA VIA, KASARGODE 671 541

BY ADVS. ARUN KRISHNA DHAN T.K.SANDEEP ARJUN SREEDHAR ALEX ABRAHAM VEENA HARIKUMAR

RESPONDENTS:

• 1 BEDADKA GRAMA PANCHAYAT REP.BY ITS SECRETARY, BEDADKA P.O. CHENGALA VIA, KASARGODE 671 541
• 2 DEPUTY DIRECTOR OF PANCHAYATS OFFICE OF THE DY.DIRECTOR, G298, KASARAGOD, KERALA 671 123

BY ADVS. T.MADHU GANGADHARAN NAIR M. C.R.SARADAMANI SHAHID AZEEZ RENJISH S. MENON

SRI.T.MADHU.S.C AND SMT.K.AMMINIKUTTY SR.G.P.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

2

JUDGMENT

Amidst the various assertions, allegations and averments in this writ petition, all that the petitioners require is a direction to the 1 st respondent – Grama Panchayat, to take up Ext.P5 representation of theirs and to dispose it of, within a time frame to be fixed by this Court.

2. Sri.T.Madhu – learned Standing Counsel appearing for the 1st respondent, submitted that if the petitioners only require Ext.P5 to be taken up and disposed of by the competent Authority of the Panchayat, there does not appear to be any legal impediment in doing so; however, praying that this Court may not make any affirmative declarations in their favour and leave the said Authority to dispose of the same in terms of law.

Taking note of the afore submissions, I

3

order this writ petition and direct the competent Authority of the 1st respondent – Grama Panchayat to take up Ext.P5 representation of the petitioners and dispose of the same, after affording them an opportunity of being heard; thus culminating in an appropriate order/necessary action thereon, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.

Needless to say, until such time as the afore exercise is completed and the resultant order communicated to the petitioners, all further action with respect to the property in question will stand deferred and status quo with respect to the same shall be maintained by both sides implicitly.

Sd/-

DEVAN RAMACHANDRAN

SAS/10/01/2022 JUDGE

WP(C) NO. 28911 OF 2021

4

APPENDIX OF WP(C) 28911/2021

PETITIONERS' EXHIBITS

• Exhibit P1 A TRUE COPY OF THE TITLE DEED NO.528/2021 OF SRO UDMA
• Exhibit P2 A TRUE COPY OF THE BASIC TAX RECEIPT KL1407401580/2021 DATED 19.4.2021 ISSUED BY BEDADKA VILLAGE OFFICE
• Exhibit P3 A TRUE COPY OF THE REPLY LETTER OF RTI DATED 27.10.2021 ISSUED BY THE 1ST RESPONDENT
• Exhibit P4 A TRUE COPY OF THE RELEVANT PORTION OF THE ASSET REGISTER REPORT
• Exhibit P5 A TRUE COPY ODF THE REPRESENTATION DATED 7.12.2021