IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 10107 OF 2022
PETITIONER:
SAJAYAN
AGED 42 YEARS
S/O.PURUSHAN, KALACKAL,
KANJIKUZHI GRAMA PANCHAYATH, WARD -7,
S.N.PURAM.P.O, KANJIKUZHI VILLAGE,
CHERTHALA TALUK,
ALAPPUZHA-688582.
BY ADV K.RAMANADHAN
RESPONDENTS:
1 KANJIKUZHY GRAMA PANCHAYAT
S.N.PURAM.P.O, CHERTHALA,
ALAPPUZHA,REPRESENTED BY ITS SECRETARY-688582.
2 THE SECRETARY,
KANJIKUZHY GRAMA PANCHAYATH,KANJIKUZHI.P.O,
CHERTHALA, ALAPPUZHA-688582.
3 THE DISTRICT COLLECTOR,
COLLECTORATE, COLLECTORATE.P.O,
ALAPPUZHA-688001.
BY ADV DARSAN SOMANATH
OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.10107/2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.10107 of 2022
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Dated this the 24th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a Writ of Certiorari or other appropriate Writ or direction, quashing Exhibit P8. ii. To issue a Writ of Mandamus or other appropriate Writ or direction, directing the 2nd Respondent to consider and dispose Exhibit P9 as per law, by hearing the petitioner.
iii. To grant such other reliefs this Honourable Court deems fit and proper.
(SIC)
2. Petitioner challenged Ext.P8 order directing the petitioner to demolish the compound wall. Aggrieved by Ext.P8, the petitioner filed Ext.P9 representation before the 2nd respondent. According to the petitioner, in the light of Exts.P1 to P3 and Ext.P10 judgment, Ext.P8 will not stand.
These are matters to be considered by the 2 nd respondent while considering Ext.P9. There can be a direction to the 2 nd respondent to consider Ext.P9 and all the contentions raised W.P.(C).No.10107/2022 3 by the petitioner in this writ petition can be left open. The interim order already passed can be extended till final orders are passed in Ext.P9.
Therefore, this writ petition is disposed of in the following manner:
1. The 2nd respondent is directed to consider and pass appropriate orders in Ext.P9 in accordance to law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.
2. Till final orders are passed in Ext.P9, all further proceedings consequent to Ext.P8 are set aside.
3. All the contentions raised by the petitioner in this writ petition are left open. All civil remedies of the petitioner are also left open.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.10107/2022 4 APPENDIX OF WP(C) 10107/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PARTITION DEED NO.2579/1316/2011 OF PUTHANAMBALAM S.R.O.
Exhibit P2 THE TRUE COPY OF THE PARTITION DEED NO.423/13 OF PUTHANAMBALAM S.R.O. Exhibit P3 THE TRUE COPY OF THE PARTITION DEED NO.277/16 OF PUTHANAMBALAM S.R.O. Exhibit P4 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 5.3.2021 Exhibit P5 THE TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 13.03.2021 Exhibit P6 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 31.01.2022 Exhibit P7 THE TRUE COPY OF THE REPLY FILED BY THE PETITIONER DATED 07.02.2022 Exhibit P8 THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 19.03.2022 Exhibit P9 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 21.03.2022.
Exhibit P10 THE TRUE COPY OF THE JUDGMENT OF THE LEARNED PRINCIPAL MUNSIFF'S COURT, CHERTHALA, IN O.S.415/1984.