Premarajan @ P.S.Preman vs Secretary, Kaiparambu Grama ...
2022 Latest Caselaw 8226 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

          FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944

                         WP(C) NO. 22406 OF 2012

PETITIONER/S:

           PREMARAJAN @ P.S.PREMAN
           AGED 46 YEARS
           S/O.SREEDHARAN, PARAMBATHVALAPPIL HOUSE, NEAR
           PERATHRIKKAV TEMPLE, THRISSUR THALUK, THRISSUR DISTRICT.
           BY ADV SRI.K.A.SREEJITH


RESPONDENTS:

     1     SECRETARY, KAIPARAMBU GRAMA PANCHAYATH
           MUNDUR.P.O, 680 541.
     2     P.S.KARTHIKEYAN
           PAYYAPPAT HOUSE, NEAR PERATHRIKKAV TEMPLE, THRISSUR THALUK,
           THRISSUR DISTRICT. 680 541.
           BY ADV SRI.P.C.SASIDHARAN, SC, KAIPARAMBA GRAMA PANCHAYATH



      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2022,

     THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C) No. 22406/2012                :2:




                              SHAJI P. CHALY, J.
            ---------------------------------------------------------
                              W.P.(C). No. 22406 of 2012
              ---------------------------------------------------------
                    Dated this the 1st day of July, 2022.

                                  JUDGMENT

The petitioner has filed this writ petition seeking the following

reliefs:

1. Quash Ext. P2 order as the same is against law, equity, facts and circumstances of the case.

2. Direct the respondent to allow the application submitted to it by the petitioner for licence to start a workshop.

2. Apparently, action was initiated by the Secretary of the

Kaiparambu Grama Panchayat, respondent No. 1, stopping the alleged

illegal construction carried out by the petitioner.

3. A counter affidavit is also filed by the first respondent,

justifying its action. Anyhow, this writ petition was pending before

this Court from the year 2012, without securing any interim orders.

4. Moreover, when a stop memo is issued by the Secretary of

the Grama Panchayat, in order to redress the grievance of an

aggrieved person, a clear cut procedure is prescribed under Section

235W of the Kerala Panchayat Raj Act, 1994.

5. In that view of the matter, if anything survives to be

considered, it is for the petitioner to pursue the remedy before the

Secretary of the Grama Panchayat.

With the above observations and directions, this writ petition is

disposed of.

sd/­SHAJI P. CHALY, JUDGE.

Rv

APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1: TRUE COPY OF THE RATION CARD OF THE PETITIONER'S FAMILY.

EXT.P2: TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED 19.09.2012.

EXT.P3: TRUE COPY OF REPLY DATED 22.09.2012.

RESPONDENTS' EXHIBITS:

EXT.R1(a): TRUE COPY OF NOTICE DATED 15.06.2013.

/True Copy/

PS To Judge.

rv