K. RAMACHANDRAN NAIR Vs. KOTTAMKARA GRAMA PANCHAYAT

JUDGEMENT

(1.) The case set up in this Writ Petition(Civil) is as follows: That the petitioners are siblings and senior citizens. The 1st petitioner is deaf and dumb and under the care and protection of the 2nd petitioner. Part of the family land and common dwelling house are proposed to be acquired by the 1st Respondent for the purpose of an 'uneconomical' school situated nearby. The school is under the administrative control of the Panchayat. The 1st Respondent proposes acquisition of the middle portion of the property of the Petitioners, dividing the property into two portions, making total inconvenience to the enjoyment of that property and the house. The instant acquisitions drastically devalue the property, which is earmarked to meet the marriage expenses of the children of the 2nd Petitioner. Though objected, the Respondents are hasty with the illegal proposal. It is in the light of the above averments and contentions, the petitioners have filed the instant Writ Petition (Civil) with the following prayers :

(2.) Heard Sri. V. Jayapradeep, learned counsel appearing for the petitioners, Sri. P. Pratheesh, learned Standing Counsel appearing for respondent No.1-Kottamkara Grama Panchayat and Sri. K. J. Manuraj, learned Government Pleader appearing for respondent Nos. 2 to 5.

(3.) Without getting into the merits of the controversy in any manner, it is ordered that the 4 th respondent-District Collector, Kollam will take up the matter raised in Ext.P6 petition/complaint and after getting a report in the matter from the Secretary of the 1st respondent-Kottamkara Grama Panchayat in the matter and after ensuring that the copy of the said report is given in advance to the petitioners and after affording reasonable opportunity of being heard to the petitioners through their authorized representative /counsel as well as the Secretary of the 1st respondent-Panchayat, will pass orders on Ext. P6 petition in accordance with law, without much delay, preferably within a period of 6 weeks from the date of production of a certified copy of this judgment.