IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 42599 OF 2018
PETITIONER:
VALSAMMA P.G
AGED 62 YEARS
W/O LATE MOHANDAS P.V., SAIVALSAM HOUSE, P.V.SREEDHARAN
ROAD, KUMBALAM P.O., ERNAKULAM DISTRICT, PIN-682 506.
BY ADVS.
KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.A.ARUNA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPRUAM, KERALA-695 001.
2 AROOR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, OFFICE OF THE AROOR GRAMA
PANCHAYAT, CHERTHALA ALAPPUZHA, PIN-688534.
3 SECRETARY
AROOR GRAMA PANCHAYAT, OFFICE OF THE AROOR GRAMA
PANCHAYAT, CHERTHALA ALAPPUZHA, PIN-688 534.
4 SRI.PADMAKUMAR
MEMBER, WARD NO.20, AROOR GRAMA PANCHAYAT, THAMARAKULAM
HOUSE, AROOR P.O., ALAPPUZHA DISTRICT, PIN-688 534.
BY ADV DR.V.N.SANKARJEE, SC, R2 & R3
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 42599 OF 2018
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 42599 of 2018
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Dated this the 29th day of June, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) To issue a writ of certiorari quashing Exts.P3 and P6 as unjust illegal and arbitrary.
(ii) To declare that the respondents can not initiate proceedings against the petitioner under S.218 of the Panchayat Raj Act, 1960 since there is no public thodu in the property as evident from Ext.P7.
(iii) To issue a writ of mandamus directing the respondents to refrain from initiating proceedings against the property mentioned in Ext.P3 on the basis of Ext.P3 and Ext.P6.
(iv) To issue a writ of mandamus directing the respondents to permit the petitioner to continue with the construction of the boundary wall in the property mentioned in Ext.P3.
(v) Issue such other orders directions or writ as may be prayed for and that this Hon'ble Court may deem fit under the facts and circumstances of the case."[SIC]
2. The petitioner is a resident of Aroor Grama WP(C) NO. 42599 OF 2018 3 Panchayat. This writ petition is filed aggrieved by Exts.P3 and P6. According to the petitioner, there is no public thodu in the property of the petitioner as evident by Ext.P7. It is the case of the petitioner that at the instance of the 4th respondent, Exts.P3 and P6 were issued asking the petitioner to stop the construction of boundary wall stating that there is a public thodu in the property of the petitioner. It is the definite case of the petitioner that Exts.P3 and P6 are passed without giving an opportunity of hearing to the petitioner .
3. Heard counsel appearing for the petitioner and the counsel appearing for the 2nd and 3rd respondents. There is no appearance for the 4th respondent.
4. This Court perused Ext.P3 order passed by the Secretary of the Grama Panchayat. There is nothing to show that an opportunity of hearing is given to the petitioner. Ext.P6 is the minutes of the meeting. The signature of the petitioner is there in Ext.P6. The definite case of the petitioner is that the petitioner was not able to submit his contention before the authorities. WP(C) NO. 42599 OF 2018 4 If that is the case, Exts.P3 and P6 can be set aside, without expressing any opinion on merit. Let the Panchayat reconsider the matter, after giving an opportunity of hearing to the petitioner and other affected parties. To facilitate the Panchayat to consider the matter afresh, Exts.P3 and P6 can be set aside.
Therefore this writ petition is disposed of in the following manner:
i. Exts.P3 and P6 are set aside.
ii. The 2nd respondent is directed to reconsider
the matter after giving an opportunity of hearing to the petitioner and other affected parties, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
iii. Before passing final orders, the 2nd respondent will conduct an inspection in the disputed place with notice to the petitioner and other affected parties.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 42599 OF 2018 5 APPENDIX OF WP(C) 42599/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PLAN PREPARED BY THE COMMISSIONER IN O.S.NO.105/84. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 2.11.2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED
31.10.2018 ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE REPLY DATED
8.11.2018 SUBMITTED BYT HE PETITIONER TO EXT.P3.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 31.10.2018.
EXHIBIT P6 TRUE COPY OF THE DECISION OF THE PANCHAYATH DATED 3.12.2018.
EXHIBIT P7 TRUE COPY OF THE REPLY DATED 16.11.2018 RECEIVED FROM THE VILLAGE OFFICE, AROOR.
EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 7.4.2018 FILED BY THE PETITIONER. RESPONDENTS EXHIBITS :
EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGE OF THE ASSET REGISTER OF THE RESPONDENT PANCHAYAT WITH REFERENCE TO CULVERTS AND BRIDGES.
//TRUE COPY// PA TO JUDGE