S.Mohanan Nair vs Piravanthoor Gramapanchayath
2022 Latest Caselaw 11800 Ker

Citation : 2022 Latest Caselaw 11800 Ker
Judgement Date : 21 December, 2022

Kerala High Court

S.Mohanan Nair vs Piravanthoor Gramapanchayath on 21 December, 2022

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA,
                                 1944
                    WP(C) NO. 23237 OF 2012
PETITIONER/S:

            S.MOHANAN NAIR
            AGED 61 YEARS
            CHANGALIPPALLIL HOUSE, KARAVOOR P.O.PIRAVANTHUR
            (VIA), KOLLAM DISTRICT.

            BY ADVS.
            SRI.VINOD J.DEV
            SRI.PRAMOD J.DEV



RESPONDENT/S:

    1       PIRAVANTHOOR GRAMAPANCHAYATH
            REPRESENTED BY ITS SECRETARY, PATHANAPURAM BLOCK
            VETTITHITTA PO, KOLLAM DISTRICT - 691 696.

    2       PONNACHAN SO.GEORGE
            EZHIYATH VEEDU, KARAVOOR P.O., PATHANAPURAMKOLLAM
            DISTRICT - 689 696.

            BY ADVS.
            SRI.P.MARTIN JOSE
            SRI.P.PRIJITH
            SRI.N.UNNIKRISHNAN



     THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 21.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.C.No. 23237 of 2012

                                             2



                         P. V. KUNHIKRISHNAN, J
                       ............................................
                        W.P.(C) No.23237 of 2012
             ....................................................................
             Dated this the 21st day of December, 2022


                                       JUDGMENT

This Writ Petition is filed with the following prayers;

"i) a writ of mandamus or such other writ, direction or order directing the 1st respondent to take appropriate action for evicting the second respondent from the unauthorized occupation of room No.PP VI 57 in Sy.No.185/I/193 of Piravanthoor Village, Kollam District as expeditiously as possible and at any rate within a time frame to be stipulated by this Hon'ble Court;

ii) a writ of mandamus or such other writ, direction or order directing the first respondent to consider and take appropriate action on Exhibit P7 complaint pending before him as expeditiously as possible and at any rate within a time frame to be stipulated by this Hon'ble Court;

iii) such other or direction as is prayed for pendente lite by the petitioner and as is deemed fit and proper by this Hon'ble Court."

2. The main prayer in this Writ Petition is to issue

appropriate directions to the 1st respondent to take appropriate W.P.C.No. 23237 of 2012

action for evicting the 2nd respondent from Room No.PP VI 57 in

Sy.No.185/1/193 of Piravanthoor Village, Kollam District. Ext. P2

is an order passed by the Secretary, Piravanthoor Grama

Panchayath, in which there is a direction to the 2 nd respondent

to evict from the premises. It will be better to extract relevant

portion of Ext. P2.

"In these circumstances, vide ref (8) and in complaince with the judgment vide ref (1), I, the Secretary of the Panchayat issue orders with the following directions;

(1) The accused is directed to vacate the new shop room built after 2006 within 15 days of the receipt of a copy of this order. Since he does not possess any land or house falling within Piravanthoor Grama Panchayat and since he does not also have any other options, he shall be allowed to stay in the existing shop room (i.e.,No.PP VI 57) till a suitable place is available for him to shift his belongings.

(2) It is also directed that the accused shall not indulge in any action that will block the Complainant's access to the public road in any way. Any violation of this injunction that comes to the notice of the Panchayat will be punishable with eviction of the occupant/accused from the existing room."

3. Ext P2 is an order passed by the panchayat on

26.03.2012. According to the petitioner even now 2 nd respondent W.P.C.No. 23237 of 2012

is continuing in that building. If that is the case, the Panchayat

has to take necessary steps to evict the 2 nd respondent in

accordance to Ext.P2 if, Ext.P2 become final and there is no

prohibitory order from any authority including compete civil

court.

Therefore, this writ petition is disposed of with the

following directions:

(i) The 1st respondent is directed to implement Ext. P2 order, if, it became final and there is no other prohibitory order from any competant authority including court of law, as expidiciously as possible at any rate within three months.

(ii) If the 2nd respondent seek any further time to vacate, reasonable time can be given to him for vacating the premises, considering his long period of stay.