IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 11146 of 2008(B)
1. THE COUNCIL OF TRUSTEES OF SHRIMATH
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE MANJESWAR GRAMA PANCHAYAT, REPR, BY
For Petitioner :SRI.P.K.VIJAYAMOHANAN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :02/04/2008
O R D E R
PIUS.C.KURIAKOSE, J.
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W.P.(c).No. 11146 OF 2008
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Dated this the 2nd day of April, 2008
JUDGMENT
The grievance voiced by the petitioner which is the Council of
Trustees of Shrimath Anantheswar Temple is that the “Yatri Nivas”
which has been constructed by the temple has not been assigned door
number by the second respondent Panchayat. The reason for the
Panchayat not assigning door number to the Yatri Nivas building was
that the construction offends Section 220(b) of the Panchayat Raj Act.
Considering the request of the petitioner temple, the Panchayat adopted
Ext.P3 resolution deciding to assign door number provided sanction by
the Government is received in that regard. By Ext.P4, Ext.P3 has been
forwarded by the Panchayat to the Government. Ext.P2 issued by the
Deputy Director of Panchayat will show that the Deputy Director has
also recommended to the Government for a sympathetic consideration
of the petitioner’s request which is recommended by the Panchayat. The
petitioner’s immediate grievance is that the Government has not so far
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taken a decision on the request of the Panchayat. The petitioner has
recently alerted the Government by filing Ext.P5 comprehensive
representation apart from hearing Sri.M.V.Bose.
2. When this writ petition came up for admission,
Sri.M.V.Bose, standing counsel, has taken notice on behalf of the
second respondent and I have heard the submissions of
Sri.P.K.Vijayamohanan, counsel for the petitioner and also
Sri.K.J.Mohammed Anzar, Government Pleader who has taken notice
on behalf of the first respondent.
Having regard to the submissions addressed at the Bar and the
various documents placed on record by the petitioner, I am of the view
that it is necessary that the Government takes a decision on Ext.P1 as
reminded by Ext.P5 in the light of Exts.P2 and P3 at the earliest.
Accordingly, I dispose of the writ petition directing the
Government to take a decision on Ext.P1 as reminded by Ext.P5 taking
into account Exts.P2 letter and P3 resolution and the case of the
petitioner before this court that the properties on either side of the road
belong to the temple itself and if it becomes necessary , it may be
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possible for the temple to facilitate widening of the road by providing
sufficient land from the opposite side of the road. Orders as directed
above shall be passed by the Government at the earliest and at any rate
within two months of receiving a copy of this judgment.
PIUS.C.KURIAKOSE
JUDGE
sv.
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