N.O.Mathew vs Koratty Grama Panchayath
2022 Latest Caselaw 1273 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                      THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

                FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943

                                 WP(C) NO. 7432 OF 2016


PETITIONER:

               N.O.MATHEW, AGED 54 YEARS, S/O.OUSEPH, NAYATHODAN HOUSE,
               KONOOR, NALUKETTU P O, THRISSUR DISTRICT.

               BY ADV SRI.M.V.ANANDAN



RESPONDENTS:

      1        KORATTY GRAMA PANCHAYATH, KORATTY, THRISSUR DISTRTICT,
               REPRESENTED BY ITS SECRETARY

      2        THE ASSISTANT ENGINEER, KERALA IRRIGATION DEPARTMENT, CHIRANGARA,
               NALUKETTU PO, THRISSUR 680 308

      3        SASIDHARAN.G, PRESIDENT
               M/S.KARUNGATTU GRAMA VIKASANA SOCIETY (PREVIOUSLY TURMA STEELS),
               KORATY, THRISSUR DISTRICT, PIN 680 308.

               BY ADVS.SRI.PHILIP T.VARGHESE, SC, KORATTY GRAMA PANCHAYATH
               R2- SI.RIYAL DEVASSY, GOVERNMENT PLEADER
               SRI.P.P.BIJU
               SRI.C.V.SHAJU



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2022, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7432 OF 2016
                                       :: 2 ::



                                   JUDGMENT

Dated this the 28th day of January 2022

This writ petition is filed by the petitioner seeking the following

reliefs:

i) To issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the 1 st respondent to initiate proceedings to demolish the compound wall, constructed illegally, without having building permit, by the 3rd respondent, on the northern side of the residential house of the petitioner.

ii) Issue a writ in the nature of mandamus or any other appropriate writ directing the 2 nd respondent to remove the encroachment made by the 3 rd respondent in the Government puramboke land vested with irrigation department comprised in Survey No.615/5 of Muringoor Thekkummuri Village.

2. The grievance put forth by the petitioner is that the third

respondent constructed a compound wall illegally with a height of 15 feet

and without securing permit as per the provisions of the Kerala Panchayat

Raj Act, 1994 and the Kerala Panchayat Building Rules, 2011. It is the

contention of the petitioner that the compound wall is situated within a

distance of 5meters from the residential house of the petitioner and it is

abutting a street and that since the wall is not constructed properly with

appropriate engineering technology, it can collapse at any time and WP(C) NO. 7432 OF 2016 :: 3 ::

therefore, it is causing serious threat and danger to the life of the

petitioner and his family. It was in the said backdrop that the petitioner

has submitted Ext.P1 complaint before the Secretary of the Koratty Grama

Panchayat - the first respondent, evident from Ext.P1(a) receipt issued by

the Secretary dated 31.12.2015. The basic grievance of the petitioner is

that in spite of earnest efforts made by the petitioner, no action has been

initiated by the Secretary of the Grama Panchayat in order to redress the

same.

3. I have perused the pleadings and materials on record and heard

Adv.Philip T. Varghese along with Adv.Sreenath Vijayaraghavan for the

first respondent Panchayat and Adv.Riyal Devassy, learned Government

Pleader for the second respondent - the Assistant Engineer, Kerala

Irrigation Department, Nalukettu, Thrissur. Though notice is served on

the 3rd respondent, there is no representation.

4. After analyzing the factual and legal circumstances, I am of the

considered opinion that the complaint filed by the petitioner in regard to

an illegal or unauthorized construction of the compound wall is pending

consideration before the Secretary of the Grama Panchayat. This writ

petition is pending before this court from the year 2016, without securing

any interim orders and it is only appropriate that the writ petition is WP(C) NO. 7432 OF 2016 :: 4 ::

disposed of with suitable directions. Needless to say, when there is a

complaint in respect to any unauthorized or illegal construction carried

out within a Panchayat area, the Secretary of the Grama Panchayat is to

conduct due inspection and if it is prima facie found that an illegal or

unauthorized construction is carried out, necessarily a notice and a

provisional order in contemplation of Section 235W(1) and (2) has to be

issued by the Secretary.

5. In that view of the matter, the writ petition is disposed of

directing the first respondent - Secretary of the Koratty Grama Panchayat

to adjudicate Ext.P1 complaint filed by the petitioner in accordance with

the procedure contemplated under Section 235W and attain finality to the

same at the earliest and at any rate within two months from the date of

receipt of a copy of this judgment, after providing notice of hearing to all

concerned.

Writ petition is disposed of.

SD/-

SHAJI P. CHALY JUDGE jes WP(C) NO. 7432 OF 2016 :: 5 ::

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 COPY OF THE REPRESENTATION DATGED 31/12/2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P1(A) COPY OF THE RECEIPT OF EXHIBIT P1 DATED 31/12/2015 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 COPY OF THE REPRESENTATION DATED 31/12/2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

// TRUE COPY //

P.S. TO JUDGE