Thondiyil Subaida vs Pandikkad Grama Panchayath
2023 Latest Caselaw 1515 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                     WP(C) NO. 2050 OF 2023
PETITIONER:

         THONDIYIL SUBAIDA, AGED 57 YEARS
         W/O MOIDEEN, THONDIYIL HOUSE, MUNDAKKODE,
         POOLAMANNA P.O., PANDIKKADU, MALAPPURAM DISTRICT
         PIN - 679327

         BY ADVS.
         P.SAMSUDIN
         MILAN RACHEL MATHEW
         LIRA A.B.


RESPONDENTS:

    1    PANDIKKAD GRAMA PANCHAYATH
         REPRESENTED BY ITS SECRETARY,
         PANDIKKAD. P.O, MALAPPURAM DISTRICT- 676521
    2    THE SECRETARY
         PANDIKKAD GRAMA PANCHAYATH,
         PANDIKKAD P.O., MALAPPURAM DISTRICT, PIN - 676521
    3    THE CIRCLE INSPECTOR OF POLICE
         PANDIKKAD POLICE STATION,
         PANDIKKAD P.O, MALAPPURAM DISTRICT, PIN - 676521
    4    NOORJAHAN
         W/O MOIDEENTHONDYIL,
         THONDIYIL HOUSE, MUNDAKKODE, POOLAMANNA P.O.,
         PANDIKKADU, MALAPPURAM DISTRICT, PIN - 679327

         SMT.K.G.SAROJINI GP

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 20.01.2023,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.2050 of 2023



                                    2


                              JUDGMENT

Dated this the 20th day of January, 2023

The petitioner has been issued with a notice dated

11.01.2023 of the 2nd respondent-Secretary to the

Pandikkad Grama Panchayat alleging that the compound

wall/retaining wall constructed by the petitioner is causing

danger. The petitioner is aggrieved by Ext.P6 notice.

2. The petitioner would contend that the compound

wall has been constructed on the basis of a Building Permit

granted by the Panchayat. There is no allegation that any of

the conditions in the Building Permit is violated. The dispute

is actually between two private persons. The Secretary

therefore ought not have issued Ext.P6.

3. I have heard the learned counsel for the

petitioner and the learned Government Pleader representing WP(C) No.2050 of 2023

the 3rd respondent. In view of the nature of the relief being

granted in the writ petition, notice to respondents 1, 2 and 4

is dispensed with.

4. It is seen from Ext.P6 that it is a preliminary

notice issued to the petitioner. The petitioner was required to

submit her reply within seven days. The petitioner has

submitted Ext.P7 reply also on 17.01.2023. As Ext.P6 is

only in the nature of a show-cause notice, I am of the view

that the matter can be considered by the 2 nd respondent-

Secretary to the Pandikkad Grama Panchayat in the light of

the objections raised by the petitioner and also taking into

consideration whether there is any Building Rule violations.

In view of the above, the writ petition is disposed of

directing the 2nd respondent-Secretary to the Pandikkad

Grama Panchayat to consider Ext.P7 reply submitted by the

petitioner and pass appropriate final orders thereon, within a WP(C) No.2050 of 2023

period of one month. Till a final decision is taken, no

coercive proceedings shall be taken against the petitioner in

pursuance of Ext.P6. The petitioner shall serve a copy of

the writ petition and judgment on the 2nd respondent.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.2050 of 2023

APPENDIX OF WP(C) 2050/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE BUILDING PERMIT DATED 29-09-2021 Exhibit-P2 PHOTO GRAPH SHOWING THE STAGE OF CONSTRUCTION OF THE HOUSE Exhibit-P3 PHOTO GRAPH SHOWING THE RETAINING WALL BETWEEN THE PROPERTY OF THE PETITIONER AND 4TH RESPONDENT Exhibit-P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 19-09-2022 ISSUED BY THE 2ND RESPONDENT Exhibit-P5 TRUE COPY OF THE REPLY DATED 28-09-

2022 GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit-P6 TRUE COPY OF THE STOP MEMO DATED 11-

01-2023 ISSUED BY THE 2ND RESPONDENT Exhibit-P7 TRUE COPY OF THE OBJECTION DATED 17-

01-2023 TO EXB-P6 STOP MEMO SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT