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2025 Supreme(Online)(Ker) 68525
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
V.N VENUGOPAL MENON – Appellant
Versus
EDATHALA GRAMA PANJAYAT – Respondent
W.P.(C) No. 19799 of 2025
For the Appellants/Petitioners: SRI.NAVANEETH.N.NATH, SMT.ABHIRAMI S., SHRI.ABDUL LATHEEF P.M.
For the Respondents: SRI SANTHOSH KUMAR
A writ petition seeking maintenance work may be conditionally disposed when the respondent provides a specific annual scheme plan with expeditious execution commitment, avoiding immediate intervention.
Headnote:The writ petition under Article 226 of the Constitution of India sought directions for maintenance of 'Pisharath Lane' by the respondent Panchayat. The counter affidavit stated the work was included in the 2025-2026 annual scheme with tender proceedings imminent. The court found the counter affidavit sufficient to respond to the petition. The key issue was whether the respondent's annual scheme commitment satisfied immediate maintenance obligations. The court held that the respondent's undertaking to execute the work under the scheme with expeditious implementation met the writ's purpose. The court disposed of the writ petition by directing the respondent to carry out the renovation of the lane as per paragraph 5 of the counter affidavit, in accordance with law and as expeditiously as possible.
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| 1. counter affidavit commitment meets writ purpose (Para 1 , 2 , 3) |
JUDGMENT
The writ petition is filed to direct the respondent–Panchayat to carryout the maintenance work of the ‘Pisharath Lane’ situated within the respondent –
Panchayat.
2. In the counter affidavit filed by the respondent, it is stated that the renovation of the lane is included in the annual scheme of the year 2025-2026. The estimate for the aforesaid work is fixed and the tender proceedings will be initiated soon, without any delay.
3. Heard; the learned counsel for the petitioner and the learned Standing Counsel for the respondent.
In light of the averments in the counter affidavit filed by the respondent, I dispose of the writ petition, by directing the respondent to carryout the renovation of the above lane as mentioned in paragraph No.5 of the counter affidavit. The above exercise shall be done, in accordance with law and as expeditiously as possible.
