Tizo Paul vs Karukutty Grama Panchayat
2022 Latest Caselaw 10685 Ker

Citation : 2022 Latest Caselaw 10685 Ker
Judgement Date : 21 October, 2022

Kerala High Court

Tizo Paul vs Karukutty Grama Panchayat on 21 October, 2022

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944

                           WP(C) NO. 25367 OF 2012

PETITIONER:

              TIZO PAUL P, AGED 43 YEARS, W/O. ROY MATHEW, KOCHUPURACKAL
              HOUSE, IV/302A, AABEL VILLA, NEEROLIPARA, KARUKUTTY 683576,
              NOW EMPLOYED AS ASSISTANT, NEW INDIA ASSURANCE CO. LTD.,
              CENTRAL JUNCTION, KOTTAYAM-686 001.

              BY ADVS.SRI.M.P.RAMNATH
              SRI.BIJU PONTHAYIL
              SRI.P.RAJESH KOTTAKKAL

RESPONDENTS:

     1        KARUKUTTY GRAMA PANCHAYAT
              KARUKUTTY P.O., PIN-683576, REPRESENTED BY ITS SECRETARY.

     2        DEVASSY KOCHU DEVASY
              S/O. KOCHAUSEPH, NEROLIPARA, KARUKUTTY P.O., PIN-683576.

     3        STATE OF KERALA, DEPARTMENT OF LOCAL SELF GOVERNMENT
              INSTITUTIONS (R & B), SECRETARIAT, TRIVANDRUM-695001,
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT.

              BY ADVS.SRI.G.SANTHOSH KUMAR
              SRI.V.K.KISHOR
              SRI.T.R.RAMANATHAN
              SRI.SABU THOZHUPPADAN
              SRI.JOBY JOSEPH, SR.G.P.



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25367 OF 2012
                                    :: 2 ::




                                JUDGMENT

Dated this the 21st day of October 2022

This writ petition is filed seeking the following reliefs:

i) issue a writ in the nature of mandamus or such other writs or orders directing the respondent abutting the petitioner's compound wall complained of in Ext.P1, and undertaken to be removed as reflected in Ext.P2, within a period of one month or any reasonable time to be fixed by this Hon'ble Court.

ii) Award the cost of this writ petition.

2. Evidently the case projected by the petitioner is that one

Devassy, Karukutty, Ernakulam - the second respondent has made an

illegal construction of a shed encroaching into petitioner's compound

wall, and in such a manner so as to cause injury and damage to the

same and water getting logged in the compound. Other contentions

are also raised. Apparently, the petitioner has submitted an

application before the Secretary to the Karukutty Grama Panchayat -

the first respondent complaining about the said aspect. But no action

was taken consequent to which, petitioner has approached the State

Government and the State Government have passed Ext.P2 order

dated 26.6.2009 whereby, it is recorded that the Deputy Director of WP(C) NO. 25367 OF 2012 :: 3 ::

Panchayat has taken adequate steps in order to drain out the water

from the property of the petitioner. Thereafter, the petitioner has

caused to issue Ext.P4 lawyer notice to the Secretary of the Karukutty

Grama Panchayat to which, Secretary has caused to issue Ext.P5 reply

notice dated 8.10.2012. The case put forth by the petitioner is that in

spite of all these efforts, no action is taken by the Karukutty Grama

Panchayat in order to ventilate the grievance of the petitioner.

3. I have heard learned counsel for the petitioner

Sri.M.P.Ramnath, learned Standing Counsel for the first respondent

Sri.G.Santhoshkumar, learned counsel for the second respondent

Sri.Sabu Thozhuppadan and the learned senior Government Pleader

for the State Sri.Joby Joseph. Perused the pleadings and material on

record.

4. Fact remains that the writ petition was pending before this

court for the past ten years, without securing any interim orders.

Therefore, at this distance of time, it may not be appropriate on the

part of this court to issue a writ as sought for in the writ petition at

this distance of time. In that view of the matter, I propose to dispose

of the writ petition.

WP(C) NO. 25367 OF 2012 :: 4 ::

Writ petition is disposed of leaving open the liberty of the

petitioner or the second respondent to approach the Secretary of the

Grama Panchayat to ventilate any grievances of the parties if

anything is still subsisting in regard to the issue raised in the writ

petition.

SD/-

SHAJI P. CHALY JUDGE jes WP(C) NO. 25367 OF 2012 :: 5 ::

APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1: TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT.

EXT.P2: TRUE COPY OF THE COMMUNICATION DATED 26.6.2009 (1.7.2007) BEARING NO.29893/R.B1/09/DEPARTMENT OF LOCAL SELF GOVERNMENT (R&B), TRIVANDRUM ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXT.P3: TRUE PHOTOCOPY OF THE DETAILS FURNISHED BY THE PUBLIC INFORMATION OFFICER/SENIOR SUPERINTENDENT, ELECTRICAL SECTION, KSEB KARUKUTTY DATED 29.9.2012 BEARING FILE NO.P10/KKTY/12-13/192/29-9-12.

EXT.P4: TRUE PHOTOCOPY OF THE LAWYER NOTICE DATED 28.9.2012 CAUSED TO BE ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT WITH THE POSTAL REGISTRATION RECEIPT AFFIXED THEREUPON.

EXT.P5: TRUE PHOTOCOPY OF THE REPLY NOTICE DATED 8.10.2012 (REGISTERED ON 10.12.2012) CAUSED TO BE ISSUED BY THE 1ST RESPONDENT TO THE COUNSEL FOR THE PETITONER IN REPLY TO EXT.P4.