Thampan G vs Vettikkavala Grama Panchayath
2023 Latest Caselaw 1182 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                     WP(C) NO. 1321 OF 2023
PETITIONER:

         THAMPAN G.
         AGED 66 YEARS
         S/O GOPINATHAN,
         RESIDING AT REVATHY,
         VETTIKAVALA MURI,
         VETTIKAVALA VILLAGE,
         KOTTARAKARA TALUK,
         KOLLAM DISTRICT, PIN - 691538

         BY ADVS.
         VISHNU BHUVANENDRAN
         B.ANUSREE
         RESHMA UNNIKRISHNAN


RESPONDENTS:

    1    VETTIKKAVALA GRAMA PANCHAYATH
         VETTIKAVALA P.O,
         KOLLAM DISTRICT.
         REPRESENTED BY ITS SECRETARY.,
         PIN - 691538
    2    SECRETARY
         VETTIKAVALA GRAMA PANCHAYAT,
         VETTIKAVALA P.O, KOLLAM DISTRICT.,
         PIN - 691538

         BY SRI.M.R.SASITH PANICKER, SC FOR R1 & R2.

     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 18.01.2023,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.1321 of 2023
                                :2 :




                        JUDGMENT

Dated this the 18th day of January, 2023

The petitioner submits that in Ext.P4 order issued

by the Secretary to the Panchayat it is alleged that the

petitioner has not left sufficient setback for his building as per

the existing Building Rules. The petitioner would submit that

the building was constructed in the year 1992 and it was

constructed when there were no building rules applicable to

the Panchayat.

2. Standing Counsel for the Panchayat submits that

Ext.P4 is only a preliminary order. If the petitioner submits a

reply to the preliminary order explaining the afore facts, the

same can be considered.

In the circumstances, the writ petition is disposed of

permitting the petitioner to submit a reply to Ext.P4 preliminary WP(C) No.1321 of 2023

notice within a period of two weeks, in which case the

respondents shall consider the objections of the petitioner and

pass final orders within a period of two months after giving an

opportunity of hearing to the petitioner and to the defacto

complainant, if warranted. Till a final decision is taken as

above after hearing the parties, no coercive proceedings shall

be taken against the petitioner.

Sd/-

N. NAGARESH JUDGE

sss WP(C) No.1321 of 2023

APPENDIX OF WP(C) 1321/2023

PETITIONER'S EXHIBITS

EXHIBITP1 TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 25.07.2022 EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 14.10.2022 EXHIBIT P3 TRUE COPY OF THE LETTER PREFERRED BY THE PETITIONER BEFORE THE RESPONDENT PANCHAYAT ALONG WITH ITS ACKNOWLEDGEMENT RECEIPT DATED 20.10.2022.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.

400285/BADD01/GPO/2022/1477 DATED 24.12.2022 ISSUED BY THE RESPONDENT PANCHAYAT.

EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPHS OF THE BUILDING OF THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE LICENSE ISSUED BY THE 1ST RESPONDENT DATED 16.05.2022.