Sheeba Thomas vs The Secretary Karunapuram Grama ...
2022 Latest Caselaw 10473 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                     WP(C) NO. 30338 OF 2022
PETITIONER:

            SHEEBA THOMAS
            AGED 35 YEARS
            D/O LATE THANKAPPAN
            POOVAKKUNNEL HOUSE, 55TH MILE,
            KARADIKUZHI P.O, PEERUMEDE
            IDUKKI, PIN - 685531
            BY ADV JOMY K. JOSE


RESPONDENTS:

    1       THE SECRETARY
            KARUNAPURAM GRAMA PANCHAYAT
            KOOTTAR POST, IDUKKI, PIN - 685552
    2       KARUNAPURAM GRAMA PANCHAYATH
            REPRESENTED BY ITS SECRETARY
            KOOTTAR POST, IDUKKI, PIN - 685552
    3       REMA RAJAN
            W/O V.K RAJAN, VETTUVELIL HOUSE
            CUMBEMMETTU, KARAUNAPURAM P.O
            IDUKKI, PIN - 685552

            SMT.V.H.JASMINE (SC)-R1 AND R2
     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   07.10.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.30338 OF 2022



                              2




                           JUDGMENT

Dated this the 7th day of October, 2022

Against an alleged illegal and unauthorised construction

made by the 3rd respondent, the petitioner has preferred

Ext.P5 complaint to the 1st respondent-Secretary to the

Karunapuram Grama Panchayat.

2. The petitioner states that in spite of Civil Court

Decree in her favour, the 3rd respondent encroached into her

land and made a building construction unauthorisedly.

Therefore, respondents 1 and 2 are compellable to interfere in

the matter and they shall be directed to remove the

unauthorised construction, contends the petitioner.

3. Standing Counsel representing respondents 1 and

2 submitted that if the petitioner has submitted a complaint,

the competent among respondents 1 and 2 can consider the WP(C) NO.30338 OF 2022

same in accordance with law after hearing the 3 rd respondent

also.

4. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing respondents 1

and 2. In view of the nature of the relief to be granted in the

writ petition, notice to the 3rd respondent is dispensed with.

5. As the petitioner has raised an allegation that the

3rd respondent has made an unauthorised construction, it will

be only in the interest of justice that the 1 st respondent

consider Ext.P5 complaint submitted by the petitioner in

accordance with law.

In the circumstances, the writ petition is disposed of

directing the 1st respondent-Secretary to the Grama

Panchayat to consider Ext.P5 complaint submitted by the

petitioner and take a decision thereon, after giving an

opportunity of hearing to the petitioner as well as the

3rd respondent. It is made clear that this Court has not WP(C) NO.30338 OF 2022

pronounced anything on the merits of the case. A decision in

this regard shall be taken within a period of two months.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO.30338 OF 2022

APPENDIX OF WP(C) 30338/2022

PETITIONER EXHIBITS Exhibit P1 TITLE DEED OF THE PROPERTY IN SURVEY NUMBER 67/1 OF KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK IN IDUKKI DISTRICT Exhibit P1(a) A TRUE COPY OF THE TAX RECEIPT DATED 27-08-2022 Exhibit P1(b) A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19-11-2021 Exhibit P2 . A TRUE COPY OF THE JUDGEMENT DATED 17-12-2021 IN O.S 160/2016 ISSUED BY THE MUSIFF COURT KATTAPPANA Exhibit P3 A TRUE COPY OF THE BUILDING PERMIT DATED 17-01-2022 Exhibit P4 PHOTOGRAPHS OF THE BUILDING CONSTRUCTED BY THE 3RD RESPONDENT IN THE PETITIONER'S PROPERTY Exhibit P5 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 16-08-2022

RESPONDENT'S/S EXHIBITS : NIL