Karunakaran vs Nooanadu Grama Panchayath
2022 Latest Caselaw 610 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943

                       WP(C) NO. 11222 OF 2013

PETITIONER:

          KARUNAKARAN
          AGED 68 YEARS, S/O.KOCHUNARAYANAN,
          PUTHENVEETTIL THEKKATHIL,PATHUPPALLYKUNNAM MURI,
          NOORNADU PO, ALAPPUZHA DISTRICT.

          BY ADV SMT.ASHA ELIZABETH MATHEW


RESPONDENTS:

    1     NOORNADU GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY,
          NOORNADU PO, ALAPPUZHA DISTRICT, PIN-690 504.

    2     SECRETARY,
          NOOANADU GRAMA PANCHAYATH, NOORNADU PO,
          ALAPPUZHA DISTRICT, PIN-690 504.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.11222 of 2013
                                    2


                             JUDGMENT

Dated this the 14th day of January, 2022

This writ petition is filed by the petitioner seeking the

following reliefs:

"i) issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents to consider Exhibit P5 objection, and to provide the petitioner an opportunity of being heard before initiating any further proceedings against the petitioner on the basis of Exhibit P4 order;

ii) issue a writ of certiorari, or any other appropriate writ, order or direction by calling for the record leading to Exhibit P4 Provisional Order and by quashing the original of Exhibit P4.

iii) issue an appropriate writ, order or direction declaring that the respondents are legally bound to issue a show cause notice to the petitioner and to provide the petitioner an opportunity of being heard under Section 235 W(2) of the Kerala Panchayat Raj Act before passing a final order and by declaring that Exhibit P4 order is illegal being issued in total violation of the said provision and by violating the principles of natural justice."

2. Apparently, Exhibit P4 notice dated 02.04.2013 was

issued by the Secretary of Nooranad Grama Panchayat - 2 nd W.P.(C)No.11222 of 2013

respondent herein, directing the petitioner to remove the

illegal construction of a compound wall, failing which action

would be initiated under section 235W(2), (3) and (4) of the

Kerala Panchayat Raj Act, 1994. Evidently, the petitioner has

submitted Exhibit P5 objection before the Secretary of the

Grama Panchayat. The basic contention advanced in the writ

petition is that inspite of filing of Exhibit P5 objection, no

action is taken to attain finality to the proceedings. It is also

pointed out that there is no illegal construction since the

construction is made within the property of the petitioner and

it is not violative of the provisions contained under section

220(b), 235B, 235H and 235N of the Kerala Panchayat Raj Act.

3. In my considered opinion, on a clear perusal of Exhibit P4

it is evident that it is not a proceeding initiated under section

235W(1) and (2) and no final orders are passed under the said

provisions. It is a notice asking the petitioner to remove the

illegal construction and failing which it is made clear that

action would be initiated under section 235W of the Kerala

Panchayat Raj Act, 1994. Presumably, the petitioner has W.P.(C)No.11222 of 2013

submitted Exhibit P5 objection also. In that view of the

matter, there is no point in retaining the writ petition here

and I am of the view that it can be disposed of with

appropriate directions. It is also evident from the proceeding

sheet that an interim order of stay was granted against

coercive action which was made until further orders on

27.11.2013.

4. In that view of the matter, there will be a direction to

the 2nd respondent - Secretary of the Nooranad Grama

Panchayat to finalise the proceedings pertaining to Exhibit P4

at the earliest, if not already done, taking into account Exhibit

P5 objection submitted by the petitioner and attain finality, at

any rate within two months after providing a notice of hearing

to the petitioner. Till such time, the interim order granted by

this court and in force, will continue to be in force.

Writ petition is disposed of as above.

Sd/-

Shaji P.Chaly Judge

vpv W.P.(C)No.11222 of 2013

APPENDIX OF WP(C) 11222/2013

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT WHEREBY THE PETITIONER HAS REMITTERD PROPERTY TAX FOR 5.25 ARES OF PROPERTY.

EXHIBIT P2 A TRUE COPY OF THE PROPERTY TAX RECEIPT WHEREBY THE PETITIONER'S WIFE HAS REMITTED PROPERTY TAX FOR 05.15 ARES OF PROPERTY.

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 30/11/2012 IN OS NO.235/2011.

EXHIBIT P4 A TRUE COPY OF THE PROVISIONAL ORDER DATED 2/4/2013 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER THROUGH HIS COUNSEL BEFORE THE 2ND RESPONDENT AGAINST EXHIBIT P4 ORDER.

//true copy//

P.A. to Judge