Kerala High Court
N.D.Natarajan vs State Of Kerala on 5 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 5TH DAY OF OCTOBER 2021/13TH ASWINA, 1943
RP NO. 791 OF 2020
AGAINST THE JUDGMENT DATED 23.01.2019 IN
WP(C) 6282/2014 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
M.D.NATARAJAN, S/O.DIVAKARAN,
AGED 76 YEARS, "ATHIRA",
ELAVUMTHITTA P.O.,
PATHANAMTHITTA DISTRICT - 689 625
BY ADVS.
GEORGE MATHEW
SHRI.PRAVEEN S.
SHRI.SUNIL KUMAR A.G
SRI.DIPU JAMES
SHRI.GEORGE K.V.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 DEPUTY DIRECTR OF PANCHAYATHS,
CIVIL STATION, PATHANAMTHITTA - 689 625.
3 MEZHUVELI GRAMA PANCHAYATH COMMITTEE
REP. BY ITS PRESIDENT,
GRAMA PANCHAYATH OFFICE,
ELAVUMTHITTA P.O., NEDIYAKALA,
PATHANAMTHITTA - 689 625.
4 MEZHUVELI GRAMA PANCHAYATH,
REP. BY ITS SECRETARY ,
GRAMA PANCHAYATH OFFICE,
ELAVUMTHITTA P.O., NEDIYAKALA,
PATHANAMTHITTA - 689 625.
R.P.No.791/2020 in WP(C)No.6282/2014
2
5 THE SECRETARY,
MEZHUVELI GRAMA PANCHAYATH,
GRAMA PANCHAYATH OFFICE,
ELAVUMTHITTA P.O., NEDIYAKALA,
PATHANAMTHITTA - 689 625.
6 ASSISTANT ENGIONEER, LSGD SECTION,
MEZHUVELI GRAMA PANCHAYATH ,
MEZHUVELI, ELAVUMTHITTA P.O.,
PATHANAMTHITTA - 689 625.
7 THE EXECUTIVE ENGINEER,
P.W.D. ROADS, CIVIL STATION ,
PATHANAMTHITTA - 689 625.
BY ADV.SRI.SYAMANTHAK B.S., G.P.
BY ADV.SRI.C.S.MANILAL, SC
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.P.No.791/2020 in WP(C)No.6282/2014
3
ORDER
Dated this the 5th day of October, 2021
The petitioner had approached this Court filing
WP(C)No.6282/2014 aggrieved by issuance of Ext.P5 in
the writ petition which stated that construction made by the
petitioner is offending Section 220(b) of the Kerala
Panchayat Raj Act and hence the building cannot be
numbered. After hearing the petitioner, this Court disposed
of the writ petition with the following directions:
"(i) The petitioner is relegated to avail
the alternate remedy before the Tribunal for
the Kerala Local Self Government
Institutions.
(ii) If the petitioner files such
petition/appeal/revision before the Tribunal
for the Kerala Local Self Government
Institutions, within one month from the date of
receipt of a certified copy of this judgment,
the Tribunal shall hear and decide the case
on merits, condoning the delay, if any,
treating the same as occurred due to
petitioner bona fide prosecuting the case
before a wrong forum.
R.P.No.791/2020 in WP(C)No.6282/2014
(iii) The interim order passed by this
Court on 06.03.2014 will continue to remain
in force for a period of one month from the
date of receipt of a certified copy of this
judgment."
2. The petitioner has come up in review stating that
long delay in considering the issue will cause severe
hardship to the petitioner and the petitioner need not be
relegated again to the Kerala Local Self Government
Institutions to re-agitate the issue. The petitioner states
that if this Court direct the 3rd respondent Panchayat to
reconsider the issue, the Panchayat is ready to consider
the grievance of the petitioner and redress the same.
3. Heard the learned counsel for the petitioner and
the learned Standing Counsel for respondents 4 and 5.
4. This Court has relegated the petitioner to
approach the Tribunal for Kerala Local Self Government
Institutions for redressal of these grievances. By relegating
the petitioner by the Tribunal, the Panchayat authorities do
R.P.No.791/2020 in WP(C)No.6282/2014
not lose their power to make any changes or variations in
the decision taken by them, taking into account any new
facts coming to their knowledge.
In such circumstances, the Review Petition is
dismissed making it clear that the respondents 3 to 5 will
be at liberty to reconsider the issue on the basis of any
representation filed by the petitioner, in accordance with
law.
Sd/-
N. NAGARESH
JUDGE
ncd/05.10.2021
