Surendran Nair P vs The Kadambanad Grama Panchayat
2021 Latest Caselaw 14101 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                             WP(C) NO. 12645 OF 2021
PETITIONER:

              SURENDRAN NAIR P
              AGED 71 YEARS
              THATTARAZHIKATHU HOUSE, MANNADI P.O.PATHANAMTHITTA
              DISTRICT, PIN-691 530.

              BY ADV V.PREMCHAND



RESPONDENTS:

     1        THE KADAMBANAD GRAMA PANCHAYAT
              KADAMBANAD SOUTH P.O, PATHANAMTHITTA DISTRICT,PIN-691 552,
              REPRESENTED BY ITS SECRETARY.

     2        THE SECRETARY
              KADAMBANAD GRAMA PANCHAYAT, KADAMBANAD SOUTH P.O,
              PATHANAMTHITTA DISTRICT, PIN-691 552.

     3        THE TAHSILDAR,
              TALUK OFFICE, ADOOR, PATHANAMTHITTA DISTRICT, PIN-691 523.

     4        THE TALUK SURVEYOR,
              TALUK OFFICE, ADOOR, PATHANAMTHITTA DISTRICT, PIN-691 523.

              BY GOVT. PLEADER SRI.PAUL ABRAHAM VAKKANAL
              BY ADV. K. SHAJ


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
              W. P. (C) No.12645 of 2021
          ==================
           Dated this the 7th day of July, 2021

                          JUDGMENT

The petitioner is served with Exts.P4 and P5

show cause notices and, P7 and P8 provisional

orders under Section 235 W(1) of the Panchayat Raj

Act alleging unauthorized construction of a

compound wall. The petitioner asserts that the

construction is in accordance with Ext.P1 building

permit, and in tune with Exts.P2 and P3, report and

plan prepared by the Village Officer. The

petitioner has submitted Exts.P6 and P9

objections/reply to the notices/provisional orders.

It is for the second respondent to consider the

materials placed by the petitioner and pass

appropriate orders.

W. P. (C) No.12645 of 2021

2. Writ petition is disposed of directing the

second respondent to consider Exts.P6 and P9 in the

light of Exts.P1 to P3, and pass appropriate orders

thereon in accordance with law. Needless to say

that till orders are passed, no coercive steps

shall be initiated.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 12645/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE BUILDING PERMIT DATED 10.2.2021 ISSUED BY THE 2ND RESPONDENT

Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED 22.3.2021 ISSUED BY THE 3RD RESPONDENT TO THE TAHISILDAR (LR0 ADOOR.

Exhibit P3 TRUE COPY OF THE SKETCH PREPARED BY THE TALUK SURVEYOR WITH RESPECT TO THE PROPERTY OF THE PETITIONER

Exhibit P4 TRUE COPY OF THE NOTICE DATED 23.3.2021 ISSUED BY THE 2ND RESPONDENT

Exhibit P5 TRUE COPY OF THE ORDER DATED 23.3.2021 ISSUED BY THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF THE OBJECTION DATED 3.4.2021 FILED BY THE PETITIONER

Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 12.4.2021 BY THE 2ND RESPONDENT

Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 12.4.2021 BY THE 2ND RESPONDENT

Exhibit P9 TRUE COPY OF THE OBJECTION DATED 31.5.2021 SUBMITTED BY PETITIONER

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