IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 21532 of 2008(L) ---------------------------------------- PETITIONER(S): ------------------------- K.M.MARY KHADER, AGED 40, W/O.KHADER, SECRETARY, EZHIMALA PUNARADHIVASA COLONY COMMITTEE, ONAPARAMBA PO., KARANTHAD, KANNUR DISTRICT. BY ADVS. SRI.K.S.MADHUSOODANAN, SRI.T.V.JAYAKUMAR NAMBOODIRI, SRI.THUSHAR NIRMAL SARATHY, SRI.M.M.VINOD KUMAR, SMT.K.M.RAMYA. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY SECRETARY, LOCAL SELF GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, KANNUR. 3. PROJECT OFFICER, DISTRICT RURAL DEVELOPMENT DEPARTMENT, KANNUR. 4. SECRETARY, RAMANTHALI GRAMA PANCHAYATH, RAMANTHALI PO., KANNUR. *ADDL.R5 IMPLEADED: R5. CONVENER (MEMBER), 6TH WARD GRAMASABHA, RAMANTHALI GRAMA PANCHAYATH, RAMANTHALI, PAYYANNOOR. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 9/12/2009 IN I.A.15301/09) Kss ..2/- ...2.... WPC.NO.21532/2008 L **ADDL.R6 IMPLEADED: R6. CONVENER (MEMBER), 5TH GRAMASABHA, RAMANTHALI GRAMA PANCHAYATH, RAMANTHALI P.O., PIN - 670 308. (**ADDL.R6 IS IMPLEADED AS PER ORDER DTD. 12/07/2010 IN I.A.NO.9280/2010) R1 TO R3 BY GOVERNMENT PLEADER SRI. GEORGE VADAKKEL R4 BY ADVS. SRI.GRASHIOUS KURIAKOSE, SRI.M.M.ANTO. R5 & R6 BY ADV. SRI.O.V.MANIPRASAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21532/2008 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPRESENTATION TO THE CHIEF MINISTER DTD. 20/12/1998. P2: COPY OF THE REPRESENTATION TO THE THEN PWD MINISTER DTD. 3/12/1998. P3: COPY OF THE PHOTOS SHOWING THE PRESENT DILAPIDATED CONDITION OF THE MUD ROAD. P4: COPY OF THE REPRESENTATION DTD.22/09/2008 TO THE 2ND RESPONDENT. P5: COPY OF THE DETAILS GIVEN BY THE PANCHAYATH AS PER RIGHT TO INFORMATION ACT DTD. 24/12/08. P6: COPY OF PANCHAYATH DECISION DTD./ 21/03/2011 OF THE RAMANTHALI PANCHAYATH. RESPONDENT'S EXHIBITS & ANNEXURES: R2(A): REPORT OF THE 3RD RESPONDENT. R2(B): REPORT OF THE 4TH RESPONDENT. ANNEX.R2(1): COPY OF THE REPRESENTATION DTD. 22/09/2008 OF THE PETITIONER. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 21532 OF 2008 ----------------------------------------------------- Dated this the 20th day of September, 2011 J U D G M E N T Prayer in this writ petition reads as follows. “(i) Call for the records connecting Exts.P1 and P2 from the respondent concerned; (ii) Issue writ of mandamus directing the respondents to tar the Vatta Paramba Chal road in Ward No.VI of Ramanthali Panchayath for the evictees residing in Ezhimala Rehabilitation 10 cents colony, Onaparamba immediately.” 2. It appears that during the pendency of the writ petition Ramanthali Grama Panchayath passed resolution No.49.2011 dated 21.3.2011 recognizing the necessity for tarring the road in question. The resolution also shows that due to financial constraints, the Panchayath has requested the Government to make available necessary funds. W.P.(C) No. 21532 OF 2008 :2 : According to the petitioner the Panchayath has thereupon forwarded the resolution to the District Collector, the 2nd respondent for taking up the matter with the Government. It is now pointed out that Ext.P6 request of the Panchayath is still pending with the District Collector. Therefore the petitioner only requests that the District Collector may be directed to forward Ext.P6 to the first respondent for taking a decision in the matter. 3. Heard the learned Government Pleader for the respondent and also other counsel appearing for the parties. In the nature of the request that is now made by the learned counsel for the petitioner, without expressing anything on the merits, the writ petition is disposed of with the following directions. (1) If as stated by the petitioner Ext.P6 resolution of the Panchayath is pending consideration of the 2nd respondent, it is directed that within four weeks from the W.P.(C) No. 21532 OF 2008 :3 : date of receipt of a copy of this judgment the 2nd respondent shall forward Ext.P6 to the first respondent. (2) The 1st respondent on receipt of Ext.P6 as above, shall take a decision in the matter. This shall be done as expeditiously as possible at any rate within 3 months of receipt of Ext.P6 from the 2nd respondent. (3) Petitioner to produce a copy of this judgment before respondents 1 and 2 for compliance. ANTONY DOMINIC, JUDGE ul/-