P.D.Mohanan vs Nellikuzhy Grama Panchayat
2022 Latest Caselaw 12529 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                    WP(C) NO. 22963 OF 2022
PETITIONERS:

    1       P.D. MOHANAN,
            AGED 64 YEARS
            S/O. M.K. DAMODHARAN,
            MUZHUVANCHERIL HOUSE,
            NELLIKUZHI KARA, NELLIKUZHI P. O,
            ERNAKULAM DISTRICT, PIN - 686 691.
    2       PREEJA SARATH,
            AGED 35 YEARS
            D/O. P.D. MOHANAN,
            MUZHUVANCHERIL HOUSE,
            NELLIKUZHY KARA, NELLIKUZHI P. O,
            ERNAKULAM DISTRICT, PIN - 686 691.

            BY ADVS.
            PAULY MATHEW MURICKEN
            ASHA JOSE
RESPONDENTS:

    1       NELLIKUZHY GRAMA PANCHAYAT,
            NELLIKUZHI P. O, KOTHAMANGALAM,
            ERNAKULAM DISTRICT, PIN - 686 691,
            REPRESENTED BY ITS SECRETARY.
    2       SECRETARY,
            NELLIKUZHI GRAMA PANCHAYAT,
            NELLIKUZHI P. O, KOTHAMANGALAM,
            ERNAKULAM DISTRICT, PIN - 686 691.
    3       SANTHA KURIAKOSE,
            VADATH HOUSE, ROSELINE ROAD,
            ERAMELLUR VILLAGE, NELLIKUZHI KARA,
            NELLIKUZHI P. O,
            ERNAKULAM DISTRICT, PIN - 686 691.

            BY ADVS.
            PEEYUS A. KOTTAM
            JOMON J. MALIEKAL
            JUBIN C.VADAKKAN
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   23.12.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.22963 OF 2022

                                    2

                               JUDGMENT

The case of the petitioners is that the 3 rd respondent

is keeping huge quantities of quarry stones very close to

the entrance of the residential building of the petitioners

causing nuisance to them and their family. Based on a

complaint submitted by the petitioners in this regard, the

2nd respondent - the Secretary of the Panchayat has

issued Ext.P2 notice on 05.05.2022.

2. Accordingly, there will be a direction to the 2 nd

respondent to finalise the proceedings pursuant to

Ext.P2, after hearing the petitioners and the 3 rd

respondent within a period of two weeks from the date

of receipt of a copy of this judgment. It is made clear

that, this Court has not expressed any opinion on the

merits of the writ petition.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.22963 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE PHOTOGRAPH OF THE SITE SHOWING THE MANNER IN WHICH QUARRY STONES HAVE BEEN STOCKED BY THE 3RD RESPONDENT IN THE PREMISES.

EXHIBIT P2 A TRUE PHOTOCOPY OF THE NOTICE DATED 05.05.2022 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT P3 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 24.05.2022 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 24.05.2022 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT PANCHAYATH.

     RESPONDENTS EXHIBITS:    NIL.