Abdusalam P.M vs The Deputy Director Of Panchayath
2021 Latest Caselaw 18772 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 9TH DAY OF SEPTEMBER 2021/18TH BHADRA, 1943
                     WP(C) NO. 14419 OF 2021


PETITIONER:

         ABDUSALAM P.M., AGED 44 YEARS,
         S/O. MUHAMMED, PICHANMADATHIL HOUSE,
         WEST KODUR, KODUR P.O.,
         MALAPPURAM DISTRICT.

         BY ADV K.RAKESH


RESPONDENTS:

    1    THE DEPUTY DIRECTOR OF PANCHAYATH,
         OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH,
         CIVIL STATION, UPHILL, MALAPPURAM,
         MALAPPURAM DISTRICT, PIN-676 505.

    2    THE SECRETARY,
         KODUR GRAMA PANCHAYATH,
         KODUR P.O.,
         MALAPPURAM DISTRICT, PIN-676 504.

    3    ABDULLAKUTTY,
         S/O. MUHAMMED MUSLIYAR,
         VARIKKODAN HOUSE, WEST KODUR,
         KODUR P.O.,
         MALAPPURAM DISTRICT, PIN-676 504.

         BY ADVS.
         R1 - GOVT.PLEADER SRI.SYAMANTHAK B.S.
         R2 - C.A.CHACKO
         MOHAMED HISHAM P
         NIDHEESH T.P
         VIJAY SANKAR V.H.
         JISSMON A KURIAKOSE
         SMT.CHARISMA C.M (APPEARS)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)Nos.14419/2021

                                2




                          JUDGMENT

Dated this the 9th day of September, 2021

The petitioner has filed this writ petition stating that the

property of the 3rd respondent is lying at the eastern side of

the petitioner's property and the 3rd respondent is proposing

to construct a residential building after demolishing the

existing house. The new construction proposed is on a

foundation encroaching into the petitioner's land. No

sufficient set back has been provided in respect of the new

building. The petitioner filed Ext.P3 representation before

the 2nd respondent-Secretary to the Grama Panchayat.

Ext.P3 has not been considered by the respondents so far.

It is in such circumstances, the petitioner has filed this writ

petition.

2. The learned counsel for the petitioner submitted

that if the 3rd respondent is developing his property by filling WP(C)Nos.14419/2021

up of ordinary earth, the property of the petitioner will be in

danger unless a sufficiently strong retaining wall is

constructed for giving a lateral support to the property of the

petitioner. The action of the respondents in not providing

necessary safeguard to his property by constructing

retaining wall/lateral support is offending the life of the

petitioner.

3. The learned Standing Counsel appearing for

respondents 1 and 2 submitted that the Panchayat

Authorities are aware of the factual situation and therefore

in Ext.R2(g) Development Permit granted to the 3rd

respondent, it has been made very clear that the 3rd

respondent has to provide retaining wall through boundary

before filling up of land by original soil. This is a condition

in Ext.R2(g).

4. The learned counsel for the 3rd respondent

submitted that the construction of the building is now only at WP(C)Nos.14419/2021

an early stage and as and when filling up of the land is

carried out, the petitioner will be constructing the retaining

wall as provided in the building permit.

In view of the submissions made by the learned

Standing Counsel for the respondents 1 and 2 and the

counsel for the 3rd respondent, this writ petition is disposed

of recording the submission made by the counsel for the 3 rd

respondent. The 2nd respondent-Secretary will ensure that

the conditions in Ext.R2(g) Development Permit is strictly

adhered to by the 3rd respondent while filling up the land.

Sd/-

N. NAGARESH JUDGE ncd/09.09.2021 WP(C)Nos.14419/2021

APPENDIX OF WP(C) 14419/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED, 10.11.2020.

Exhibit P2 TRUE COPY OF THE PHOTORAPHS OF THE ILLEGAL CONSTRUCTION AND CONSEQUENT DESTRUCTION CAUSED TO THE PETITIONER.

Exhibit P3            TRUE COPY OF THE COMPLAINT MADE BY
                      THE    PETITIONER    WITH   THE   2ND
                      RESPONDENT DATED, 30.6.2021.

RESPONDENTS' EXHIBITS

Exhibit R2(a)         TRUE COPY OF BUIULDING PERMIT ISSUED

TO 3RD RESPONDENT DATED 24/09/2020 Exhibit R2(b) TRUE COPY OF POSSESSION CERTIFICATE DATED 24/08/2020 ISSUED BY VILLAGE OFFICER, KODUR Exhibit R2(c) TRUE COPY OF REPORT OF ASSISTANT ENGINEER, LSGD DATED 30/10/2020 Exhibit R2(d) TRUE COPY OF COMMUNICATION DATED 10/11/2020 ISSUED TO THE 3RD RESPONDENT Exhibit R2(e) TRUE COPY OF REPORT DATED 19/07/2021 OF ASSISTANT ENGINEER, LSGD Exhibit R2(f) TRUE COPY OF STOP MEMO DATED 26/07/2021 ISSUED TO THE 3RD RESPONDENT Exhibit R2(g) TRUE COPY OF DEVELOPMENT PERMIT DATED 25/08/2021 ISSUED TO THE 3RD RESPONDENT