IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 24TH DAY OF MAY 2022 / 3RD JYAISHTA, 1944
WP(C) NO.11161 OF 2022
PETITIONER :-
VIJAYAN G, AGED 64 YEARS,
S/O.GOVINDAN, LALABHAVANAM, PUTHUVAL,
PATHANAPURAM.P.O, PATHANAMTHITTA DISTRICT-689 695.
BY ADVS.
K.SANEESH KUMAR
V.B.SANTHINI
RESPONDENTS :-
1 ENADIMANGALAM GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, ELAMANNOOR.P.O,
PATHANAMTHITTA DISTRICT-691 524.
2 THE SECRETARY,
ENADIMANGALAM GRAMA PANCHAYATH, ELAMANNOOR.P.O,
PATHANAMTHITTTA DISTRICT-691 524.
3 DIRECTOR OF PANCHAYATH,
PUBLIC OFFICE BUILDING, MUSEUM.P.O,
THIRUVANANTHAPURAM DISTRICT-695 033.
BY ADV K.SHAJ
BY SMT.PRINCY XAVIER, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.11161 OF 2022
-: 2 :-
JUDGMENT
Dated this the 24th day of May, 2022 This writ petition is filed challenging Ext.P6 notice issued to the petitioner under the provisions of the Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorised Occupation) Rules, 1996.
2. The learned counsel for the petitioner submits that Ext.P7 detailed objection has been preferred by the petitioner and that the said objection is liable to be considered and the petitioner should be heard and appropriate orders passed before proceeding further with the eviction of the petitioner.
Having considered the contentions advanced and having heard the learned Standing Counsel for the Panchayat also, there will be a direction to the 1st respondent to consider Ext.P7 objection submitted by the petitioner to Ext.P6 notice. The petitioner shall be heard and appropriate orders passed and communicated before taking any further action in pursuance to Ext.P6 notice.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Jvt/30.5.2022 WP(C) NO.11161 OF 2022 -: 3 :- APPENDIX OF WP(C) 11161/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED N0.1330/2013 EXECUTED IN PETITIONER'S FAVOUR FROM SHRI.MATHEW ON 19.11.2013 OF THE ENADIMANGALAM SUB REGISTRAR OFFICE(SRO), PATHANAMTHITTA DISTRICT.
Exhibit P2 A TRUE PHOTOCOPY OF THE LAND TAX REMITTED BY THE PETITIONER FOR THE YEAR 2019-2020 WHICH IS DATED 27.6.2019 Exhibit P3 A TRUE PHOTOCOPY OF THE NOTICE DATED 7.9.2021 ISSUED AGAINST THE PETITIONER Exhibit P4 A TRUE COPY OF THE JUDGMENT IN WP(C) 19681/2021 DATED 22.9.2021.
Exhibit P5 A TRUE COPY OF THE JUDGMENT REVIEWING EXHIBIT P4 IN W.P(C)NO.19681/2021 DATED 26.11.2021. Exhibit P6 A TRUE COPY OF THE NOTICE ISSUED AGAINST THE PETITIONER DATED 7.3.2022.
Exhibit P7 A TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 15.3.2022 Exhibit P7(a) A TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT NO.1 DATED 15.3.2022. EVIDENCING THE SUBMISSION OF EXHIBIT P7 OBJECTION Exhibit P8 A TRUE PHOTOCOPY OF THE JUDGMENT IN WP(C)19457/2014 DATED 23.2.2021. Exhibit P9 PETITIONER HEREWITH PRODUCE A ROUGH SKETCH SHOWING THE LIE AND NATURE OF THE PROPERTIES HELD BY HIM.