Kerala High Court
WP(C)/5883/2018 of SHEMEERSHA ALI, Vs STATE OF KERALA, on 10 April 2025
5883 OF 2018 1 2025:KER:31148 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 5883 OF 2018 PETITIONER: SHEMEERSHA ALI, AGED 33 YEARS S/O. ALI, VALIYAKATH HOUSE,VARANTHARAPILLY P.O,
WP(C) NO. 5883 OF 2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
WP(C) NO. 5883 OF 2018
PETITIONER:
SHEMEERSHA ALI,
AGED 33 YEARS
S/O. ALI, VALIYAKATH HOUSE,VARANTHARAPILLY P.O, THRISSUR,NOW RESIDING AT MANAMA,BAHRIN,REP.BY
HIS POWER OF ATTORNEY HOLDER PAUL N.E,AGED
71,S/O. INASU,NANGINI HOUSE,VARANTHARAPPILLY
P.O,THRISSUR DISTRICT.
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:
STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,LOCAL
SELF GOVERNMENT DEPARTMENT,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM-695001.
THE VARANTHARAPILLY GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,VARANTHARAPILLY
P.O,THRISSUR DISTRICT,PIN-680001.
BY ADV C.A.CHACKO
SMT.SURYA BINOY, SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 5883 OF 2018
MOHAMMED NIAS C.P., J
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W.P.(C) No.5883 of 2018
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Dated this the 10th day of April, 2025
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JUDGMENT
The prayer in the writ petition is to quash Ext.P10 issued by the 2nd respondent on 11.05.2017, noticing ten defects while considering the application for regularisation submitted by the petitioner.
2. When this matter was taken up for hearing, the learned counsel for the petitioner submitted that the petitioner had filed a fresh application seeking regularisation. The learned Standing Counsel for the Panchayat filed a memo stating that certain defects had been noticed in the application submitted by the petitioner for regularisation, and a communication dated 07.04.2025 was issued to him.
3. Given the above, it will be open to the petitioner to cure the defects mentioned in the communication dated 07.04.2025. If the petitioner cures the defects within a month
WP(C) NO. 5883 OF 2018
from today, the 2nd respondent, Panchayat, will pass fresh orders on the application within a further period of four weeks from the date of response from the petitioner on the communication issued by the Panchayat. The writ petition is disposed of as above.
Sd/- MOHAMMED NIAS C.P. Anu JUDGE
WP(C) NO. 5883 OF 2018
APPENDIX OF WP(C) 5883/2018 PETITIONER EXHIBITS Ext-P1 A TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER IN THE NAME OF THE POWER HOLDER DATED 22.12.2014 Ext-P2 A TRUE COPY OF THE TAX RECEIPT IN THE NAME OF THE FATHER OF THE PETITIONER DATED 6.5.2015. Ext-P3 A TRUE COPY OF THE TAX RECEIPT IN THE NAME OF THE FATHER OF THE PETITIONER AND THE PETITIONER DATED 22.5.2015. Ext-P4 A TRUE COPY OF THE TAX RECEIPT IN THE NAME OF THE PETITIONER DATED 22.5.2015 Ext-P5 A TRUE COPY OF THE TAX RECEIPT IN THE NAME OF THE PETITIONER DATED 13.10.2014 Ext-P6 A TRUE COPY OF THE APPROVED PLAN OF THE SECOND RESPONDENT DATED NIL. Ext-P7 A TRUE COPY OF THE COMMUNICATION OF THE SECOND RESPONDENT DATED 19.9.2016. Ext-P8 A TRUE COPY OF THE REPLY OF THE PETITIONER TO THE SECOND RESPONDENT DATED 22.11.2016. Ext-P9 A TRUE COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT DATED 22.11.2016. Ext-P10 A TRUE COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DATED 11.5.2017. Exhibit P11 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE 2ND RESPONDENT Exhibit P12 TRUE COPY OF THE INTIMATION OF THE SECRETARY, VARANADARAPPILLY GRAMA PANCHAYATH DATED 08.07.2024
WP(C) NO. 5883 OF 2018
Exhibit P13 TRUE COPY OF THE REPLY GIVEN TO SECRETARY, VARANADARAPPILLY GRAMA PANCHAYATH DATED 25.07.2024 Exhibit P14 TRUE COPY OF THE APPLICATION FOR REGULARIZATION DATED 25.07 2024