Kunnath Shemeer vs The Secretary
2022 Latest Caselaw 11672 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
   TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
                         WP(C) NO. 41467 OF 2022
PETITIONER

             KUNNATH SHEMEER
             AGED 44 YEARS
             S/O.MUSTHAFA CHAIRMAN, C.M.CENTRE CHARITABLE SOCIETY
             KATTAMPALLY, KANNUR DISTRICT, PIN - 670 015,
             RESIDING AT KUNNATH HOUSE,
             PARAPPILE VAYAL KATTAMPALLY P.O., PIN - 670 015,
             KANNUR DISTRICT.
             BY ADVS.
             M.SASINDRAN
             S.SHYAM KUMAR


RESPONDENTS:

     1       THE SECRETARY
             CHIRAKKAL GRAMA PANCHAYATH, CHIRAKKAL P.O.,
             PIN - 670 011, KANNUR DISTRICT.
     2       THE CHIRAKKAL GRAMA PANCHAYATH
             CHIRAKKAL P.O., PIN - 670 011, KANNUR DISTRICT,
             REPRESENTED BY ITS SECRETARY.
     3       THE COMMITTEE,
             CHIRAKKAL GRAMA PANCHAYATH CHIRAKKAL P.O., PIN - 670 011
             KANNUR DISTRICT, REPRESENTED BY ITS PRESIDENT.

             SRI.I.V.PRAMOD (SC) - R1 TO R3
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.41467 OF 2022
                                  2


                          JUDGMENT

Dated this the 20th day of December, 2022

The petitioner purchased an extent of 1.21 Ares along

with a building in the year 2017. The petitioner states that

when certain repairing works were carried out to the building,

he was issued with notices of the Panchayat authorities

alleging that there is illegal and unauthorised construction. The

petitioner submitted various replies to those notices and

ultimately now Ext.P9 order has been passed by the Secretary

to the Grana Panchayat directing the petitioner to remove the

unauthorised construction.

2. The petitioner states that Ext.P9 has been issued

by the Secretary to the Grama Panchayat invoking the

provisions of Section 235 W (3) of the Kerala Panchayat Raj

Act. The petitioner has 30 days time to file statutory appeal

against Ext.P9. The petitioner was intending to file a statutory

appeal. But before the expiry of 30 days period, the Secretary WP(C) NO.41467 OF 2022

has issued Ext.P10 order directing to remove the

constructions forthwith.

3. The petitioner states that the proceedings against

him appear to be influenced by an order of the Ombudsman.

The petitioner is not aware of any orders passed against him

by the Ombudsman. The petitioner had no notice of any

proceedings from the Ombudsman for Local Self Government

Institutions. The petitioner has been trying to obtain a copy of

the order of the Ombudsman. At any rate, petitioner has 30

days time to file an appeal to challenge Ext.P9 order dated

01.12.2022. In the circumstances, during the appellate

proceedings, if coercive proceedings are executed, the

petitioner will be put to untold hardship and loss.

4. Standing Counsel entered appearance on behalf of

respondents 1 to 3 and resisted the writ petition. The Standing

Counsel controverted all the allegations made by the petitioner

in the writ petition.

WP(C) NO.41467 OF 2022

5. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing respondents 1

to 3.

Taking into consideration the fact that the petitioner has

30 days period for filing appeal against Ext.P9 order, I am of

the view that coercive proceedings initiated under Ext.P10

shall stand deferred for a period of one month, to enable the

petitioner to approach the Tribunal for Local Self Government

Institutions.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.41467 OF 2022

APPENDIX OF WP(C) 41467/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE SALE DEED DATED 10-

02-2017 BY WHICH THE PETITIONER HAS PURCHASED THE PROPERTY.

Exhibit P2 A TRUE COPY OF THE NOTICE NO.B7-

10022/18 DATED 31-01-2019 ISSUED BY THE SECRETARY OF THE PANCHAYATH TO THE PETITIONER.

Exhibit P3 A TRUE COPY OF THE REPLY (REF: NO.

B.710022/2018) DATED 26-03-2019 ALONG WITH THE REQUEST OF THE NEARBY RESIDENTS Exhibit P4 A TRUE COPY OF THE ORDER NO.B7-10022/18 DATED 06-05-2019 ISSUED BY THE SECRETARY.

Exhibit P5 A TRUE COPY OF THE ORDER NO. B7-

10022(1)/2018 DATED 04-02-2020 ISSUED BY THE FIRST RESPONDENT SECRETARY TO THE PETITIONER Exhibit P6 A TRUE COPY OF THE NOTICE NO.A3-7242/21 DATED 16-12-2021 ALONG WITH THE ORDER REFERRED TO THEREIN.

Exhibit P7 A TRUE COPY OF THE NOTICE NO.SC2-

3290/2022 DATED 13-09-2022 ALONG WITH THE PROVISIONAL ORDER DATED 13-09-2022 Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 18-10-2022 SUBMITTED BY THE PETITIONER BEFORE THE PRESIDENT OF THE PANCHAYATH Exhibit P9 A TRUE COPY OF THE ORDER NO.SC1-

3290/2022 DATED 01-12-2022 ISSUED BY THE FIRST RESPONDENT SECRETARY TO THE PETITIONER Exhibit P10 A TRUE COPY OF THE ORDER NO.SC13290/2022 DATED 16-12-2022 ISSUED BY THE SECRETARY OF THE PANCHAYATH TO THE PETITIONER