IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 7707 of 2011(K) ------------------------------------ PETITIONERS: ------------------- 1. SHAJU, S/O.KURIAKOSE, AGED 47, ELENJIMATTATHIL, PIRAVOM, MUVATTUPUZHA. 2. JOY ABRAHAM, S/O.ABRAHAM VAZHAMALAYIL, PIRAVOM, MUVATTUPUZHA. 3. BOBY, S/O.ANNAKKUTTY, ARAMANAPARAMBIL, PIRAVOM, MUVATTUPUZHA. 4. ALIYAMMA OUSEPH, W/O.OUSEPH, PULIMALAYIL, PIRAVOM. 5. PRATHEESH KUMAR, S/O.VIJAYAN, KUNNUMPURATH, MUVATTUPUZHA. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENTS ---------------------- 1. PIRAVOM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PIRAVOM-686664. 2. THE SECRETARY, PIRAVOM GRAMA PANCHAYATH, PIRAVOM-686664. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY TO DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. ADDL. 4. THE CHIEF ENGINEER, LSGD, THIRUVANANTHAPURAM-1 (SCONVENOR, STATE LEVEL TECHNICAL COMMITTEE). “ 5. THE SUPERINTENDING ENGINEER, JUDICIAL CIRCLE, EDAPPALLY, ERNAKULAM-24. (CONVENOR, DISTRICT LEVEL TECHNICAL COMMITTEE) ADDL.R4 AND R5 ARE IMPLEDED AS PER ORDER DATED 28/ 6/2011 IN I.A.NO.9743/11. ADV. SRI.GEORGE SEBASTIAN FOR R1 & 2 BY GOVERNMENT PLEADER SRI MUHAMMED SHAFI.M. FOR R3 to R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)NO.7707/2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE DECISION OF THE IST RESPONDENT CONFIRMINGL THE AUCTION IN THE NAME OF THE PERSONS SHOWN IN THE LIST INCLUDING THE PETITIONERS. EXT.P2 TRU COPY OF THE RECEIPT EVIDENCING PAYMENT OF ADVANCE BY THE LST PETITIONER. EXT.P2A TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF ADVANCE BY THE 2ND PETITIONER. EXT.P2B TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF ADVANCE BY THE 3RD PETITIONER. EXT,P2C TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF ADVANCE BY THE 4TH PETITIONER. EXT.P2D TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF ADVANCE BY THE 5TH PETITIONER. EXT.P3 TRUE COPY OF THE MASS REPRESENTATION DTD. 15/11/2010. EXT.P4 TRUE COPY OF THE CLARIFICATION GIVEN BY THE IST RESPONDENT TO THE 3RD RESPONDENT DTD. 22/1/2011. RESPONDENTS' EXTS: NIL. `True Copy P.S. TO JUDGE kcv HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.7707 OF 2011 ------------------------------- DATED THIS THE 24TH DAY OF OCTOBER, 2011 JUDGMENT This writ petition is filed for a declaration that respondents 1 and 2 are duty bound to provide a motorable way into the cellar portion of the market-cum-shopping complex constructed by the Panchayat so as to enable the shop owners including the petitioners to unload goods within the premises of their shop rooms and for a direction directing respondents 1 and 2 to construct a proper motorable way into the cellar portion of the market-cum-shopping complex constructed by the Panchayat within a time frame to be fixed by this Court. 2. Heard the learned counsel for the petitioner, learned Standing Counsel for respondents 1 and 2 and the learned Government Pleader. 3. When the matter is taken up for consideration today, the counsel on both sides submits that the Panchayat had already -2- W.P.(C).No.7707/2011 commenced the construction of a cartable access into the cellar portion of the market-cum-shopping complex and that the said work is in progress. In the aforesaid facts and circumstances of the case, the only direction to be issued to the Panchayat is to complete the construction within a time frame. Accordingly, the writ petition is disposed of with a direction to respondents 1 and 2 to complete the construction of the cartable access within a period of three months from the date of receipt of a copy of the judgment. Sd/- HARUN-UL-RASHID, Judge. kcv.