Kunjahammed Baasha vs Veliyamkodu Grama Panchayat
2022 Latest Caselaw 9266 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
                     WP(C) NO. 21960 OF 2022
PETITIONER:

            KUNJAHAMMED BAASHA
            AGED 38 YEARS
            S/O. MOHAMMED V., KALIYATHAYIL HOUSE, VELIYAMKODU,
            ERMANGALAM P.O., MALAPPURAM DISTRICT, PIN - 679587
            BY ADVS.
            R.MURALEEDHARAN
            K.P.JOSE PIOUS

RESPONDENTS:

    1       VELIYAMKODU GRAMA PANCHAYAT
            REPRESENTED BY ITS SECRETARY,
            VELIYAMKODU GRAMA PANCHAYAT OFFICE,
            ERAMANGALAM P.O.,
            MALAPPURAM DISTRICT, PIN - 679587
    2       THE REVENUE DIVISIONAL OFFICER
            THIRUR, MALAPPURAM DISTRICT., PIN - 676101
    3       KUNJIMOL
            AGED 80 YEARS
            W/O. LATE UMMER HAJI, VARIYAPULLI HOUSE,
            VELIYAMKODU, ERAMANGALAM P.O.,
            MALAPPURAM DISTRICT, , PIN - 679587
            BY ADVS.
            K.ABOOBACKER SIDHEEQUE
            AJMAL P.(K/1244/2018)
            SMT.DEEPA NARAYANAN, SR.GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   10.08.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.21960/2022

                                         2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.21960 of 2022
              ----------------------------------------------
            Dated this the 10th day of August, 2022


                             JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamas or any other appropriate writ or order directing the 1 st and 2nd respondents to take immediate actions for demolition and removal of the retention wall/basement for compound wall that was erected above the ground level, which may cause for obstruction to the free flow of water to the nearby canal.

ii. Issue a writ of mandamus or any other appropriate writ or order directing the 1 st respondent to proceed with immediate action to stop all construction activities that being carried out by the 3rd respondent without prior approval of building plan.

iii. Issue a writ of mandamus or any other appropriate writ or order directing the 1 st and 2nd respondents to initiate appropriate actions on the W.P.(C).No.21960/2022

Ext.P-2 and P-4 complaints to the 1 st respondent and P-5 representation before 2 nd respondent, after conducting proper enquiry and inspection in the work site through the Asst. Engineer, LSGD of Veliyamkode Grama Panchyat.

iv. Pass such other orders this Hon'ble Court may deem fit and proper on the facts and circumstance of the case.

(SIC)

2. This writ petition is filed mainly for issuing

appropriate direction to respondents 1 and 2 to take

immediate action for demolition and removal of the retention

wall / basement for compound wall that was erected above the

ground level by the 3rd respondent, without getting permission

from the 1st respondent.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader appearing for the 2 nd

respondent. I also heard the learned counsel for the 3 rd

respondent.

4. The grievance of the petitioner is that there is no

action by respondents 1 and 2 based on Exts.P2, P4 and P5.

Exts.P2 and P4 are before the 1st respondent and Ext.P5 is

before the 2nd respondent. I think there can be a direction to W.P.(C).No.21960/2022

respondents 1 and 2 to takes steps based on these

representations within a time frame.

Therefore, this writ petition is disposed of in the

following manner:

1. The 1st respondent is directed to consider

Exts.P2 and P4 and take appropriate steps in

accordance to law, after giving an opportunity

of hearing to the petitioner and the 3rd

respondent, as expeditiously as possible, at

any rate, within one month from the date of

receipt of a copy of this judgment.

2. The 2nd respondent is directed to consider and

pass appropriate orders in Ext.P5, after giving

an opportunity of hearing to the petitioner and

the 3rd respondent, as expeditiously as

possible, at any rate, within four months from

the date of receipt of a copy of this judgment.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.21960/2022

APPENDIX OF W.P.(C).No.21960 of 2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT FOR PAYMENT OF LAND TAX FOR THE YEAR 2022-2023 DATED 06.05.2022.

Exhibit P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 20.09.2021 Exhibit P3 TRUE PHOTOGRAPHS SHOWING THE EMBARRASSING SITUATION HAPPENED IN RAIN, CAUSED BY THE CONSTRUCTIONS BY THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE MASS PETITION FILED BY THE NATIVES AND MERCHANTS OF THE LOCALITY TO THE 1ST RESPONDENT DATED NIL Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2" RESPONDENT, DATED 17.05.2022 UNDER SEC.133 OF CR.P.C.

Exhibit P6 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER TO THE STATION HOUSE OFFICER, PERUMPADAPPU POLICE STATION, DT. 18.05.2022 Exhibit P7 TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER APPLICATION SUBMITTED UNDER R.T.I.ACT, DATED 16.06.2022