Elias Mani @ P.M.Elias vs The Chottanikkara Grama ...
2022 Latest Caselaw 6630 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                        WP(C) NO. 15489 OF 2022
PETITIONER:

          ELIAS MANI @ P.M.ELIAS
          AGED 60 YEARS
          S/O. P. P. MANI, PANDALIL HOUSE, PALACE SQUARE,
          CHOTTANIKKARA P.O., ERNAKULAM DISTRICT - 682 312



          BY ADVS.
          MATHEW KURIAKOSE
          BIJU K.C.
          MARIADAS JOHN
          K.R.ARUN
          J.KRISHNAKUMAR (ADOOR)
          MONI GEORGE


RESPONDENTS:

    1     THE CHOTTANIKKARA GRAMA PANCHAYATH
          CHOTTANIKKARA P.O., ERNAKULAM DISTRICT - 682 312
          REPRESENTED BY THE SECRETARY,
    2     THE SECRETARY
          CHOTTANIKKARA GRAMA PANCHAYAT,CHOTTANIKKARA P.O,
          ERNAKULAM DISTRICT - 682 312
          BY ADV SHRI.VINEETH KOMALACHANDRAN, SC, CHOTTANIKKARA
          GRAMA PANCHAYATH



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15489 OF 2022
                                 2

               P.V.KUNHIKRISHNAN, J.
              ------------------------------
             W.P.(C).No. 15489 of 2022
      ----------------------------------------------
       Dated this the 09th day of June, 2022

                         JUDGMENT

The above writ petition is filed with the following prayers:

"(i) Issue a writ of certiorari or any other writ order or direction quashing Exts.P1, P3 and P4 orders communications cum order issued by the 2 nd respondent;

(ii) Issue a writ of mandamus or any other writ order or direction commanding the 2 nd respondent not to initiate action as against the compound wall of the petitioner's property until it is ascertained that whether there is puramboke land and whether there is encroachment therein;

(iii) Issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case; and

(iv) Award cost of these proceedings to the Petitioner."[SIC]

2. This writ petition is filed challenging Exts.P1,

P3 and P4 orders issued by the 2 nd respondent

Panchayat. Exts.P1,P3 and P4 are all show cause notices

issued by the Panchayat. It is submitted by the WP(C) NO. 15489 OF 2022

petitioner that, he already submitted his explanations to

Exts.P1, P3 and P4 before the 2nd respondent. If that is

the case, the 2nd respondent has to pass a final order

based on the explanations submitted by the petitioner.

The petitioner is free to file an additional statement also

against Exts.P1, P3 and P4 before the 2 nd respondent

and there can be a direction to the 2 nd respondent to

consider the same and pass appropriate final orders,

after giving an opportunity of hearing to the petitioner.

Therefore this writ petition is disposed of in the

following manner:

i. The petitioner is free to file an

additional statement/explanation, if any, against

Exts.P1, P3 and P4 before the 2nd respondent, as

expeditiously as possible, at any rate, within a

period of three weeks from the date of receipt of a

copy of this judgment.

ii. Once such an additional statement is

received, the 2nd respondent will consider the

matter along with explanation already submitted WP(C) NO. 15489 OF 2022

by the petitioner and pass appropriate orders in it,

as expeditiously as possible, at any rate, within a

period of one month from the date of receipt of

the additional statement, if any.

iii. Before passing final orders, the 2 nd

respondent will give an opportunity of hearing to

the petitioner.

iv. Till final orders are passed as directed

above, all further proceedings consequent to

Exts.P1, P3 and P4 shall be deferred.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 15489 OF 2022

APPENDIX OF WP(C) 15489/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMMUNICATION CUM ORDER DATED 21.10.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE HEARING NOTICE DATED 29.10.2021 BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION CUM ORDER DATED 01.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION CUM ORDER DATED 08.03.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P5 PHOTOGRAPHS OF THE COMPOUND WALL AND THE PETITIONER'S PROPERTY AND THE ADJACENT PUBLIC WELL.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE