Kerala High Court
Nedumon Service Co-Operative Bank vs Ezhamkulam Grama Panchayat on 15 December, 2023
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) NO. 42082 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
WP(C) NO. 42082 OF 2023
PETITIONER/S:
1 NEDUMON SERVICE CO-OPERATIVE BANK
NEDUMON P.O., PATHANAMTHITTA DISTRICT - REPRESENTED BY ITS
SECRETARY, PIN - 691556
2 SECRETARY
NEDUMON SERVICE CO-OPERATIVE BANK, NEDUMON P.O.,
PATHANAMTHITTA DISTRICT, PIN - 691556
BY ADV NEETHU S.
RESPONDENT/S:
1 EZHAMKULAM GRAMA PANCHAYAT
PARAKODE P.O. ADOOR TALUK, PATHANAMTHITTA
DISTRICT,REPRESENTED BY ITS SECRETARY., PIN - 691554
2 SECRETARY
EZHAMKULAM GRAMA PANCHAYAT, PARAKODE P.O, ADOOR TALUK,
PATHANAMTHITTA DISTRICT, PIN - 691554
3 THE ASSISTANT EXECUTIVE ENGINEER -PUBLIC WORKS DEPARTMENT -
ROADS, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS
SUB DIVISION, ADOOR, PIN - 691523
4 P. K. MURALI
AGED 51 YEARS
S/O KRISHNANKUTTY, KRISHNA VIHAR, PARAKKODE P.O., EZHAMKULAM
VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691554
5 SRIDEVI BALAKRISHNAN
AGED 60 YEARS
W/O P. K. BALAKRISHNAPILLAI, KRISHNAKRIPA, MEMBER WARD NO.
6, EZHAMKULAM GRAMA PANCHAYAT, NEDUMON P.O., EZHAMKULAM
VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691556
OTHER PRESENT:
SRI.K.SHAJ, SC,
SR.GP.SMT.K.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 42082 OF 2023
2
BECHU KURIAN THOMAS, J.
========================
W.P.(C)No.42082 of 2023
------------------------------------------------
Dated this the 15th day of December 2023
JUDGMENT
First petitioner is the tenant of a building belonging to the
first respondent. On the basis of Ext.P1 and Ext.P2 complaints filed
by respondents 4 and 5, Panchayat initiated proceedings against
the unauthorised construction in the rented building. According to
the petitioners, though proceedings were initiated against them,
without passing any orders Ext.P9 notice has been issued directing
them to demolish the alleged unauthorised construction. Petitioner
submits that the entire procedure adopted by the 2nd respondent is
without authority and is arbitrary.
2. Sri.K.Shaj, learned Standing Counsel appearing for
respondents 1 and 2, upon instructions, submitted that though the
petitioners and respondents 3 and 4 were heard pursuant to notice
issued earlier, no orders were seen recorded by the erstwhile
Secretary and hence the 2nd respondent is ready to reconsider the
matter, after hearing the parties and after obtaining report from
the 3rd respondent.
3. Considering the nature of circumstances arising in this
WP(C) NO. 42082 OF 2023
case and also having regard to the order that I propose to issue,
notice to respondents 4 and 5 are dispensed with.
4. Since it is conceded by respondents 1 and 2 that the
order which could be the basis for issuing Ext.P9 is not seen in the
records, even though a hearing was conducted, it is necessary that
the matter be reconsidered after treating Ext.P9 as a show cause
notice.
5. In view of the above, there will be a direction to the 2 nd
respondent to consider and pass appropriate orders pursuant to
Ext.P9, treating the same as a show cause notice and considering
Ext.P10 as the objection filed therein after granting an opportunity
of hearing to the petitioners and respondents 4 and 5. The order as
directed above shall be issued within 60 days from the date of
receipt of a copy of this judgment. Necessarily, if any report is
called for by the 2nd respondent from the 3rd respondent, the same
shall be provided immediately without undue delay. Needless to
mention, coercive proceedings pursuant to Ext.P9 shall be kept in
abeyance till the orders as directed above are issued.
The writ petition is disposed of accordingly.
BECHU KURIAN THOMAS
JUDGE
jm/
WP(C) NO. 42082 OF 2023
APPENDIX OF WP(C) 42082/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPLAINT DATED
02/08/2021 SUBMITTED BY THE 5THRESPONDENTAND
AND OTHERS BEFORE THE 2NDRESPONDENT
Exhibit P2 THE TRUE COPY OF THE COMPLAINT DATED
16/08/2021 SUBMITTED BY THE 4TH RESPONDENT TO
THE DISTRICT COLLECTOR, PATHANAMTHITTA
Exhibit P3 THE TRUE COPY OF THE BUILDING AGE CERTIFICATE
DATED 01/06/2022 ISSUED BY THE2NDRESPONDENT
Exhibit P4 COPY OFNO NEW CONSTRUCTIONS WERE MADE BY THE
BANK. THE SPACE IN BETWEEN THE BUILDING AND
THE SH ROAD (KP ROAD) ON ITS NORTH WERE PAVED
WITH INTER-LOCK BRICKS AFTER OBTAINING
PERMISSION FROM 3RD RESPONDENT BY ORDER NO.
DB4-GL-138/2008 DATED 13/09/2021 PURSUANT TO
THE APPLICATION SEEKING PERMISSION SOUGHT FOR
BY THE 1STPETITIONER BANK,
Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED
17/03/2022 IN WRIT PETITION NO. 18050/2021
BEFORE THIS HON'BLE COURT
Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED
29/06/2022 IN WRIT APPEAL NO. 754/2022 BEFORE
THIS HON'BLE COURT
Exhibit P7 THE TRUE COPY OF THE LETTER NO. E2-/1256/2022
DATED 30/07/2022 ISSUED BY THE THEN SECRETARY
OF THE 1STRESPONDENT PANCHAYATH TO THE 2ND
PETITIONER INTIMATING THE DATE AND TIME OF
THE HEARING
Exhibit P8 THE TRUE COPY OF THE HEARING STATEMENT DATED
05/08/2022
Exhibit P9 THE TRUE COPY OF THE NOTICE NO. SC2.3614/2023
DATED 25/09/2023 ISSUED BY THE 2ND RESPONDENT
Exhibit P10 THE TRUE COPY OF THE OBJECTION DATED
27/09/2023 SUBMITTED BY THE 2ND PETITIONER
BEFORE THE 2NDRESPONDENT
