Simi Aravind vs The Kalluvathukkal Grama ...
2022 Latest Caselaw 11999 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                       WP(C) NO. 15700 OF 2022
PETITIONER:

          SIMI ARAVIND,
          AGED 42 YEARS
          W/O. SHYJU SASIDHARAN,
          RESIDENCY NAGAR, KOLLAM - 691 001.

          BY ADV J.G.SYAMNATH


RESPONDENTS:

    1     THE KALLUVATHUKKAL GRAMA PANCHAYAT,
          REPRESENTED BY ITS SECRETARY,
          GRAMA PANCHAAYT OFFICE, KALLUVATHUKKAL,
          KOLLAM - 691 578.
    2     THE SECRETARY,
          KALLUVATHUKKAL GRAMA PANCHAYAT,
          GRAMA PANCHAAYT OFFICE,
          KALLUVATHUKKAL, KOLLAM - 691 578.
    3     THE DEPUTY DIRECTOR OF PANCHAYATH,
          CIVIL STATION ROAD, VIDYA NAGAR,
          KOLLAM - 691 013.
    4     THE DISTRICT COLLECTOR,
          CIVIL STATION ROAD, KAANKATHUMUKKU,
          KOLLAM - 691 013.
    5     CHANNEL VIEW ELECTRONICS AND HOME APPLIANCES,
          PANCHAYATH SHOPPING COMPLEX,
          NEAR PARIPPALLY BUS STAND,
          PARIPPALLY, KOLLAM - 691 574.
          BY ADVS.
          R1 & R2 - M.R.SASITH - SC
          JOHNSON GOMEZ
          S.BIJU (KIZHAKKANELA)
          JOHN GOMEZ
          SANJITH JOHNSON
          MOHAMED SHEHARAN
          SRI. B.S SYAMANTHAK - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15700 OF 2022
                                    2

                             JUDGMENT

The petitioner has approached this Court aggrieved by

the inaction on the part of respondents 1 and 2 in clearing the

obstruction allegedly caused by the 5th respondent by placing a

name board on the pathway leading to the petitioner's shop

room.

2. A counter affidavit has been filed by the 5th

respondent denying the averments in the writ petition.

3. The 1st respondent has filed a counter affidavit and

paragraph 10 therein reads as follows:-

"10. Further, the petitioner had also preferred a complaint before the RDO on 28.2.2022 and on the basis of the said complaint the petitioner and the Panchayath were called for Adalat and after hearing both the parties the following decisions were taken:

(i) the 5th respondent was asked to remove the sheet which were slanted to the property of the petitioner and also to replace the pillars.

(ii) Recommended to Panchayath Committee to seek the assistance of Taluk Surveyor to measure and mark the boundaries and to construct compound wall therein.

WP(C) NO. 15700 OF 2022

iii) To issue notice to the 5th respondent to remove the pipe constructed in the property without the Panchayath's consent. "

It is seen from the counter affidavit that Ext.P9 complaint filed

by the petitioner was placed before the Adalat and the Adalat

has taken a decision. A copy of the decision taken in the

Adalat is handed over to this Court by the learned standing

counsel for the Panchayat.

4. The learned counsel for the 5th respondent submits

that the 5th respondent has complied with the decision of the

Adalat and that the petitioner is yet to comply with the said

decision.

5. The learned counsel for the petitioner submits that

the petitioner is willing to comply with the decision taken in

the Adalat forthwith not withstanding the fact that she has not

affixed her signature in the statement. This is recorded.

6. The learned counsel for the Panchayat submits that

necessary steps will be taken to ensure that the decision taken

in the Adalath is complied with by the parties within a period WP(C) NO. 15700 OF 2022

of one month from the date of receipt of a copy of this

judgment and shall take steps for implementation of the

Adalat's decision. The copy of the decision of the Adalat dated

29.4.2022 shall form part of the judge's papers.

7. It is made clear that apart from recording the

decision of the Adalath and the submissions made by the

petitioner and the 5th respondent agreeing to abide by the

decision of the Adalath, this Court has not expressed any

opinion on the merits of the writ petition.

8. The learned standing counsel for the Panchayat also

submits that the Panchayat will take appropriate decision on

Ext.R2(b) complaint filed by the 5 th respondent after hearing

the petitioner and the 5th respondent within six weeks from the

date of receipt of a copy of this judgment. This is recorded.

The writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-

WP(C) NO. 15700 OF 2022

APPENDIX OF WP(C) 15700/2022

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE LAND TAX PAID RECEIPT DATED 11.04.2022 OF PARIPALLY VILLAGE IN KOLLAM DISTRICT.

EXHIBIT P2 A TRUE COPY OF THE LAND TAX PAID RECEIPT DATED 11.04.2022 OF PARIPALLY VILLAGE IN KOLLAM DISTRICT.

EXHIBIT P3 A TRUE COPY OF THE BUILDING TAX PAID RECEIPT DATED 07.04.2022 OF KALLUVATHUKKAL GRAMA PANCHAYAT.

EXHIBIT P4 A TRUE COPY OF THE BUILDING TAX PAID RECEIPT DATED 07.04.2022 OF KALLUVATHUKKAL GRAMA PANCHAYAT.

EXHIBIT P5 A TRUE COPY OF THE COMPLAINT DATED 05.01.2022 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE RTI APPLICATION SUBMITTED BY THE PETITIONER DATED 02.02.2022.

EXHIBIT P7 A TRUE COPY OF THE REPLY TO THE RTI APPLICATION DATED 28.02.2022.

EXHIBIT P8 A TRUE COPY OF THE COMPLAINT DATED 18.02.2022 SUBMITTED BY THE PETITIONER. EXHIBIT P9 A TRUE COPY OF THE COMPLAINT DATED 28.02.2022 SUBMITTED BEFORE THE 4TH RESPONDENT.

EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 29.03.2022 ISSUED BY THE SUB COLLECTOR, KOLLAM.

RESPONDENTS EXHIBITS:-

EXHIBIT R5(a) TRUE COPY OF THE LICENSE NO.

C1.79/2549/22-23 DATED 22/04/2022. EXHIBIT R5(b) TRUE COPY OF THE PETITION DATED 13/04/2022.

EXHIBIT R5(c) TRUE COPY OF REPLY/STATEMENT DATED 29/04/2022 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE SECOND RESPONDENT.

EXHIBIT R5(d) TRUE PHOTOGRAPH INDICATING THE PRESENT LIE OF THE BUILDINGS.