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2022 Supreme(Online)(KER) 61265
HIGH COURT OF KERALA
P. G. Ajithkumar, J
BINDU WILSON – Appellant
Versus
VILAPPIL GRAMA PANCHAYAT – Respondent
WP(C)/36533/2018
T.S.HARIKUMAR, SRI.RAM MOHAN, G., SRI.V.N.GOPALAKRISHNAN NAIR, SRI.A.CHANDRA BABU, SRI.G.P.SHINOD, SRI.GOVIND PADMANAABHAN, SHRI.AJIT G ANJARLEKAR
The court reinforced the necessity of adherence to administrative directives within stipulated periods to ensure effective governance.
Headnote:
Mandamus - Writ Petition - Kerala Panchayat Raj Act Section List - The court directed the implementation of Ext.P5 order within a month, highlighting the responsibility of the first respondent under the Kerala Panchayat Raj Act, ensuring timely compliance if not varied by authorities.
Fact of the Case:
A writ petition was filed seeking the implementation of Ext.P5 order, requiring the first respondent to act promptly, and demanding police protection for its enforcement.
Finding of the Court:
The court noted the necessity for compliance with the Ext.P5 order, setting a clear time frame for its execution and emphasizing the need for timely action unless the order was modified.
Issues: Whether the first respondent should be compelled to implement the Ext.P5 order as per the timeline specified, and if police protection was warranted for its implementation.
Ratio Decidendi: Compliance with administrative orders must be pursued timely unless there are valid modifications by competent authorities.
Final Decision: The court directed the first respondent to implement Ext.P5 order within one month.
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other appropriate writ order or direction commanding and compelling the 1st respondent to implement Ext.P5 order with in a time limit as prescribed by this Hon'ble Court.
ii. Direct the 2nd respondent to provide adequate and effective police protection to implement Ext P5 order.
iii. Direct the 1st respondent to impose penality on the 3rd respondent under section 235Z (e) of the Kerala Pancayat Raj Act.
iv. Such other appropriate writ order or direction as this Honourable Court may deem fit and proper to meet the ends of Justice.
(SIC)
2. The main prayer in the writ petition is to implement Ext.P5 order within a time frame. When this writ petition came up for consideration on 14.06.2022, this Court passed the following order:
“If Ext.P5 is final and it is not modified or varied by any other authorities, the 1st respondent will implement the same and report before this Court within three weeks.”
3. The learned counsel for the 1st respondent submitted that the some more time is necessary to comply the order. In the light of the above, this writ petition can be disposed of directing the 1st respondent to implement Ext.P5 order within a time frame, if it is not modified or varied by any other authorities.
Therefore, this writ petition is disposed of in the following manner:
1. The 1st respondent is directed to implement Ext.P5, if it is not modified or varied by any other authorities, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.
sd/-
P.V.KUNHIKRISHNAN JUDGE
APPENDIX OF WP(C) 36533/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 7.9.2015.
EXHIBIT P2 TRUE COPY FO LETTER NO.A3.4040/15 DATED 9.9.2015 ISSUED BY THE IST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 2.5.2016 IN PETITION NO.1503/2015 OF OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 3.8.2016 IN PETITION NO.1503/2015 OF OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTION.
EXHIBIT P5 TRUE COPY OF THE ORDER NO.A1/586/16 DATED 13.9.2018 PASSED BY THE IST RESPONDENT.
