Fasiya vs Mahaboob Bhasha
2022 Latest Caselaw 12117 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. 25852 OF 2021
PETITIONER:

            FASIYA
            AGED 23 YEARS
            W/O. SAIDALAVI,
            RESIDING AT MANAMKANDATH HOUSE,
            MANNARAPARAMBU, KAPPUR,
            PALAKKAD - 679 552.

            BY ADVS.
            P.RAMAKRISHNAN
            PREETHI RAMAKRISHNAN
            T.C.KRISHNA
            C.ANIL KUMAR
            ASHA K.SHENOY
            PRATAP ABRAHAM VARGHESE


RESPONDENTS:

    1       MAHABOOB BHASHA
            S/O. MOHAMMED, KAKKARTHUNDIYIL,
            MANNARAPARAMBU, KAPPUR,
            PALAKKAD - 679 552.
    2       SECRETARY
            KAPPUR GRAMA PANCHAYATH,
            KAPPUR, PALAKKAD - 679 552.
    3       DEPUTY DIRECTOR OF PANCHAYATHS
            OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATHS,
            COLLECTORATE, PALAKKAD - 678 001.

            SRI. VINOD JABAR - SC
            SANTHEEP ANKARATH
            M.GIRIJA VALLABHAN
            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.25852 OF 2021

                                 2

                            JUDGMENT

The petitioner and her husband who are joint

owners of property comprised in old Survey No.378 of

Kappur Village in Pattambi Taluk are constructing a

building in the said property. The 1 st respondent has

preferred a complaint before the Panchayat alleging

removal of earth by the petitioner for the purpose of the

construction of the residential building.

2. Pursuant to the complaint filed by the 1 st

respondent, the Panchayat has issued a stop memo and

the petitioner has preferred Ext.P5 appeal against the

same before the Tribunal for Local Self Government

Institutions and the Tribunal has stayed the stop memo.

3. According to the petitioner, the 1st respondent

has carried out certain unauthorised construction and she

has preferred Exts.P3 and P9 complaints before the 2 nd

respondent. She has approached this Court for a

direction to the 2nd respondent to act upon Exts.P3 and

P9.

WP(C).No.25852 OF 2021

4. Heard the learned counsel for the petitioner,

the learned counsel for the 2 nd respondent and the

learned Government Pleader for the 3 rd respondent.

Though notice was served on the 1st respondent, there is

no appearance.

5. In the facts and circumstances of the case and

having regard to the submission made by the learned

counsel for the petitioner, there will be a direction to the

2nd respondent to consider Exts.P3 and P9 after hearing

the petitioner or her authorised representative and the 1 st

respondent, within a period of one month from the date

of receipt of a copy of this judgment.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.25852 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE COMMISSIONER REPORT SUBMITTED IN OS NO.255/2017.

EXHIBIT P2 TRUE COPY OF NOTICE DATED 03.01.2018 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF LETTER DATED 18.11.2018 SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF ORDER DATED 09.12.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 05.02.2020 IN I.A NO.146/2020 IN APPEAL NO.93/2020 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

EXHIBIT P6 TRUE COPY OF NOTICE DATED 20.04.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF REPLY DATED 04.05.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF REPRESENTATION DATED 21.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

     RESPONDENTS EXHIBITS:-    NIL.