IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 15489 OF 2022
PETITIONER:
ELIAS MANI @ P.M.ELIAS
AGED 60 YEARS
S/O. P. P. MANI, PANDALIL HOUSE, PALACE SQUARE,
CHOTTANIKKARA P.O., ERNAKULAM DISTRICT - 682 312
BY ADVS.
MATHEW KURIAKOSE
BIJU K.C.
MARIADAS JOHN
K.R.ARUN
J.KRISHNAKUMAR (ADOOR)
MONI GEORGE
RESPONDENTS:
1 THE CHOTTANIKKARA GRAMA PANCHAYATH
CHOTTANIKKARA P.O., ERNAKULAM DISTRICT - 682 312
REPRESENTED BY THE SECRETARY,
2 THE SECRETARY
CHOTTANIKKARA GRAMA PANCHAYAT,CHOTTANIKKARA P.O,
ERNAKULAM DISTRICT - 682 312
BY ADV SHRI.VINEETH KOMALACHANDRAN, SC, CHOTTANIKKARA
GRAMA PANCHAYATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15489 OF 2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 15489 of 2022
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Dated this the 09th day of June, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) Issue a writ of certiorari or any other writ order or direction quashing Exts.P1, P3 and P4 orders communications cum order issued by the 2 nd respondent;
(ii) Issue a writ of mandamus or any other writ order or direction commanding the 2 nd respondent not to initiate action as against the compound wall of the petitioner's property until it is ascertained that whether there is puramboke land and whether there is encroachment therein;
(iii) Issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case; and
(iv) Award cost of these proceedings to the Petitioner."[SIC]
2. This writ petition is filed challenging Exts.P1, P3 and P4 orders issued by the 2 nd respondent Panchayat. Exts.P1,P3 and P4 are all show cause notices issued by the Panchayat. It is submitted by the WP(C) NO. 15489 OF 2022 3 petitioner that, he already submitted his explanations to Exts.P1, P3 and P4 before the 2nd respondent. If that is the case, the 2nd respondent has to pass a final order based on the explanations submitted by the petitioner.
The petitioner is free to file an additional statement also against Exts.P1, P3 and P4 before the 2 nd respondent and there can be a direction to the 2 nd respondent to consider the same and pass appropriate final orders, after giving an opportunity of hearing to the petitioner.
Therefore this writ petition is disposed of in the following manner:
i. The petitioner is free to file an additional statement/explanation, if any, against Exts.P1, P3 and P4 before the 2nd respondent, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment.
ii. Once such an additional statement is received, the 2nd respondent will consider the matter along with explanation already submitted WP(C) NO. 15489 OF 2022 4 by the petitioner and pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of the additional statement, if any.
iii. Before passing final orders, the 2 nd respondent will give an opportunity of hearing to the petitioner.
iv. Till final orders are passed as directed above, all further proceedings consequent to Exts.P1, P3 and P4 shall be deferred.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 15489 OF 2022 5 APPENDIX OF WP(C) 15489/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMMUNICATION CUM ORDER DATED 21.10.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE HEARING NOTICE DATED 29.10.2021 BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION CUM ORDER DATED 01.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION CUM ORDER DATED 08.03.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P5 PHOTOGRAPHS OF THE COMPOUND WALL AND THE PETITIONER'S PROPERTY AND THE ADJACENT PUBLIC WELL.
RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE