IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1193 of 2007()
1. K.B.ABBAS, S/O.MOHAMMED, KARAPARAMBIL,
... Petitioner
Vs
1. T.P.MOOSAKUTTY,
... Respondent
2. T.P.MOIDEENKUTTY,
3. VALANCHERRY GRAMA PANCHAYATH,
4. SECRETARY, VALANCHERRY GRAMA PANCHAYATH,
5. GOVERNMENT OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.BABU PAUL
For Respondent :SRI.K.GOPALAKRISHNA KURUP
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :02/07/2009
O R D E R
KURIAN JOSEPH & K.SURENDRA MOHAN, JJ.
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W.A. No.1193 of 2007
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Dated 2nd July, 2009.
J U D G M E N T
Kurian Joseph, J.
Appellant is the additional third respondent in the writ
petition. The writ petitioners are respondents 1 and 2 in the
appeal. The writ petition was filed mainly with the following
prayer :-
“To issue a writ of mandamus or other
appropriate writ, direction or order directing the
respondents to execute the necessary agreement
and to permit the petitioners to commence the
construction work of the proposed bus stand
pursuant to the decisions No.1(5) and (6) dated
10.3.2005 of the first respondent Panchayat
forthwith.”
The learned Single Judge after elaborately considering the entire
background of the matter and also referring to the earlier
judgment of this court as well as the order of the Tribunal, held
that “It cannot be disputed by anybody that the land which has
been offered by the petitioners for construction of the bus stand
is not suitable for establishment of the bus stand. In fact, on the
request of the Panchayat, the competent authority has granted
approval for establishing the bus stand on that land. The bus
WA NO.1193 of 2007 2
stand building to be constructed by the petitioners shall be in
accordance with the specifications of the Panchayat only. It is a
common ground that the establishment of a new bus stand is a
direly felt need of the Panchayat.” It was also noted by the
learned Single Judge that the land was given free of cost and the
entire construction was being undertaken by the petitioners,
again free of cost. The allegation was that the petitioners had
been attempting to make an indirect and undue gain by way of
appreciation of the remaining land. In view of that allegation, the
learned Single Judge permitted vigilance enquiry to be
conducted. However, it was made clear that such an enquiry
should not stand in the way of the construction being undertaken
and completed within six months. The judgment is dated
20.4.2007. The petitioners were directed to file an affidavit
before the Secretary of the Panchayat undertaking that they
would not raise any objection and claim any equity in case
pursuant to the enquiry, the Panchayat decided to shift the bus
stand.
2. Learned counsel for the Panchayat submits that
WA NO.1193 of 2007 3
pursuant to the judgment of the learned Single Judge, writ
petitioners had executed the agreement to the effect that they
should complete the construction of the bus stand on or before
10.5.2010. In that view of the matter, nothing survives in the writ
appeal. It is made clear that the writ petitioners shall complete
the construction of the bus stand on or before 10th May, 2010. It
will be open to the appellant to pursue the matter in appropriate
proceedings, based on the outcome of the vigilance enquiry.
Without prejudice to such liberty, this writ appeal is dismissed.
KURIAN JOSEPH, JUDGE.
K.SURENDRA MOHAN, JUDGE.
tgs
KURIAN JOSEPH &
K.SURENDRA MOHAN, JJ.
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W.A. No.1193 of 2007
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J U D G M E N T
Dated 2nd July, 2009.