Binu Thankachan vs The Kulakkada Grama Panchayat
2022 Latest Caselaw 3246 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                       WP(C) NO. 20438 OF 2021
PETITIONER:

          BINU THANKACHAN,
          AGED 43 YEARS
          S/O. THANKACHAN, SHIBU BHAVAN,
          MANAKKALA, MANAKKALA P.O. ADOOR,
          PATHANAMTHITTA DISTRICT 691 551.

          BY ADVS.
          MATHEW KURIAKOSE
          J.KRISHNAKUMAR (ADOOR)
          MONI GEORGE


RESPONDENTS:

    1     THE KULAKKADA GRAMA PANCHAYAT,
          KULAKKADA, MAVADI P.O.,
          PATHANAMTHITTA DISTRICT 691 507,
          REPRESENTED BY THE SECRETARY.

    2     THE SECRETARY,
          KULAKKADA GRAMA PANCHAYATH,
          KULAKKADA, MAVADI P.O.,
          PATHANAMTHITTA DISTRICT 691 507.

          BY ADV ALEXANDER GEORGE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20438 OF 2021
                                        2


                                 T.R.RAVI, J.
                       ----------------------------------------
                        WP(C) NO.20438 OF 2021
                     -------------------------------------------
                Dated this the 18th .day of March, 2022

                               JUDGMENT

The complaint of the petitioner is that an unauthorized

construction has been made in front of his shop room affecting his

trade. He has submitted Ext.P2 complaint before the 2 nd

respondent and sent Ext.P3 reminder. His grievance is that his

complaint is not being looked into.

2. The 2nd respondent has filed a counter affidavit wherein it

is stated that it was found that a trade was being conducted in an

unauthorized construction abutting building No.KP VI/326A and

that a notice had been issued. It is further submitted that the

person who is doing the trade had approached the Civil Court and

obtained an order of injunction restraining the Panchayat from

trespassing into the plaint schedule property and committing

damages to the shop room situated in building No.KP VI/326A. It

can be seen that the unauthorized construction is abutting the

building No.KP VI/326A.

In the above circumstances, the writ petition is disposed of

directing the 2nd respondent to consider and pass orders on Ext.P2 WP(C) NO. 20438 OF 2021

complaint at the earliest with notice to the petitioner and the

owner of building No.KP VI/326A who is stated to be conducting

the trade in an unauthorized building and pass orders within six

weeks from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 20438 OF 2021

APPENDIX OF WP(C) 20438/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION DATED 22.07.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESONANT.

Exhibit P1(A) TRUE COPY OF THE REPLY DATED 30.07.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 26.07.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT WITH RECEIPT ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE REMINDER DATED 13.09.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT WITH RECEIPT ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF SHIBU THANKACHAN, BROTHER OF THE PETITIONER RESPONDENT'S EXHIBITS

Exhibit R1(a) THE TRUE COPY OF THE REPORT FILED BY THE ASSISTANT ENGINEER OF THE PANCHAYAT Exhibit R1(b) THE TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE PRODUCED BEFORE THE PANCHAYAT Exhibit R1(c) TRUE COPY OF THE ORDER DATED 14.9.2021 ISSUED BY THE SECRETARY OF PANCHAYAT Exhibit R1(d) TRUE COPY OF THE INTERIM ORDER DATED 1.10.2021 PASSED IN IA NO.1/2021 IIN OS 370/2021 OF MUNSIFF COURT KOTTARAKKARA. Exhibit R1(e) TRUE COPY OF THE O S NO.370/2021 PENDING BEFORE THE HON'BLE MUNSIFF COURT KOTTARAKARA.

       //TRUE COPY//                   PA TO JUDGE