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. 10062 OF 2022
PETITIONER:
ANIRUDHAN P
AGED 43 YEARS
S/O.BALAN, AMBATTANKUZHY VEEDU, KUMMINI PARAMBA.P.O,
KARIPPOOR-673638.
BY ADVS.
C.S.MANILAL
S.NIDHEESH
RESPONDENTS:
1 THE PALLIKKAL GRAMA PANCHAYATH
REPRESENTED BY THE SECRETARY, PALLIKKAL.P.O,
MALAPPURAM-673634.
2 THE SECRETARY,
PALLIKKAL GRAMA PANCHAYATH, PALLIKKAL.P.O,
MALAPPURAM-673634.
3 RISHI BANISH NALAKATH,
S/O.ABDUL KARIM NALAKATH, NALAKATH HOUSE, NILAMBUR,
MALAPPURAM-676542.
BY ADVS.
HARISH R. MENON
R.SURAJ KUMAR
ANJANA R.S.
K.T.SHYAMKUMAR
K.N.ABHA
A.G.PRASANTH
K.S.SREEJA
OASHIN LALAN
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. 10062 OF 2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 10062 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:
"(1) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to take immediate action on Ext.P1 complaint of the petitioner within a time frame to be fixed by this Hon'ble court.
(2) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the 2 nd respondent to issue stop memo against the illegal construction carried out by the 3 rd respondent as the same was done without any permit as evidenced by Ext.P3 and P4.
(3) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the 3 rd respondent to stop all further construction until a decision is taken by the panchayath on Ext.P1 complaint.
(4) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the interest of justice."[SIC]
2. The grievance of the petitioner is that the 3rd respondent is making illegal construction by WP(C) NO. 10062 OF 2022 3 encroaching into the puramboke pathway without obtaining permit from the Panchayath and thereby denying access to the petitioner and his family to his house. The petitioner submitted a complaint before the 2nd respondent as evident by Ext.P1. The limited prayer in the writ petition is for a consideration of Ext.P1.
3. Heard counsel appearing for the petitioner, the counsel appearing for the 1st and 2nd respondents and also the counsel appearing for the 3rd respondent.
4. Counsel for the petitioner reiterated his contentions in the writ petition. The counsel appearing for the 3rd respondent submitted that the allegation in the writ petition are absolutely incorrect and there is no basis in the complaint. The counsel appearing for the Panchayath submitted that Ext.P1 will be considered in accordance to law, after giving an opportunity of hearing to the petitioner and the 3rd respondent. WP(C) NO. 10062 OF 2022 4
5. In the light of the above submission, I think this writ petition itself can be disposed of directing the 2nd respondent to consider Ext.P1 complaint submitted by the petitioner, after giving an opportunity of hearing to the petitioner and the 3rd respondent within a time frame.
Therefore this writ petition is disposed of in the following manner:
i. The 2nd respondent is directed to consider Ext.P1 and take appropriate steps in accordance to law, after giving an opportunity of hearing to the petitioner and the 3rd respondent, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
ii. I make it clear that, I have not considered the matter on merit and the 2nd respondent is free to pass appropriate orders in accordance to law.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 10062 OF 2022 5 APPENDIX OF WP(C) 10062/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER ALONG WITH RECEIPT DATED 10.9.2021 EXHIBIT P2 TRUE COPY OF THE REQUEST OF THE PETITIONER UNDER THE RTI ACT DATED 10.9.2021.
EXHIBIT P3 TRUE COPY OF THE REPLY TO THE APPLICATION UNDER RTI ACT BY THE PETITIONER DATED 6.10.2021 EXHIBIT P4 TRUE COPY OF THE COMMUNICATION FROM THE 2ND RESPONDENT DATED 6.11.2021. RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE