IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19277 of 2010(H)
1. ASOKKUMAR, S/O.VENKITESWARAN, PRESIDENT,
... Petitioner
Vs
1. THIRUVILWAMALA GRAMA PANCHAYATH,
... Respondent
2. THE SECRETARY, THIRUVILWAMALA GRAMA
3. SUB IINSPECTOR OF POLICE,
For Petitioner :SRI.G.HARIHARAN
For Respondent :SRI.BINOY VASUDEVAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :25/06/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.19277/2010-H
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Dated this the 25th day of June, 2010
J U D G M E N T
The petitioner herein is the President of
Thiruvilwamala Youth Congress Mandalam Committee. The
grievance raised in this writ petition is that the flag
post along with the photo of late Smt.Indira Gandhi which
was installed years back are now sought to be removed by
the Panchayat without any reason.
2. The main prayer in the writ petition is to
restrain the respondents from initiating any action for the
removal of structures including a flag post installed by
the Mandalam Youth Congress Committee without issuing
proper notice to the persons who have installed the flag
post and Sthoopam and also without affording them with an
opportunity of being heard.
3. Heard the learned counsel for the Panchayat. It
is submitted that a new bus stand has been constructed by
the Panchayat which is called ‘Town Bus Stand’. The flag
post and the photo are situated just on the way to the
entry of the bus stand. Therefore, a meeting of the
members of different political parties including the
Mandalam Congress President was convened on 01/06/2010 and
the shifting of the flag post and the photo was discussed
W.P.(C). No.19277/2010
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and it was unanimously agreed also. It is therefore
submitted that no arbitrary decision has been taken by the
Panchayat whereas a proper decision after discussing with
all the political parties including the Congress party was
taken and the decision is binding on the petitioner. It is
further submitted by the learned counsel for the Panchayat
that they will issue notice to the petitioner intimating
the proposal and the place to which it has to be shifted
within a period of three days.
4. In the light of the decision of the Panchayat that
the flag post and the photo will be shifted to similar
place, the grievance of the petitioner that the Panchayat
has taken a decision to do away with the same is redressed.
Therefore, the shifting of the same to a convenient place
will satisfy the demand of the petitioner. The Panchayat
will issue notice to the petitioner showing the place where
the flag post and the photo will have to be shifted and the
petitioner will co-operate based on the same .
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms