Suresh Babu K.M vs Dharmadam Grama Panchayat
2023 Latest Caselaw 169 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                       WP(C) NO. 42203 OF 2022
PETITIONER:

            SURESH BABU K.M.,
            AGED 62 YEARS,
            S/O.V.K.VASUDEVAN,
            PREM NIVAS,
            ANAVALAPPIL, DHARMADAM P.O.,
            KANNUR, PIN - 670106

            BY ADV
            SRI.C.K.SREEJITH


RESPONDENTS:

    1       DHARMADAM GRAMA PANCHAYAT
            DHARMADAM P.O., KANNUR.
            REP. BY ITS SECRETARY, PIN - 670106

    2       P.V. VEENA
            W/O. V.M. SARESH KUMAR,
            NANDANAM VELLOUZHUKKU,
            P.O. PALAYAD, DHARMADAM, KANNUR, PIN - 670661

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42203 OF 2022         -2-



                           JUDGMENT

The petitioner has approached this Court aggrieved

by certain constructions carried out by the second

respondent.

2. According to the petitioner, the second

respondent carried out the construction without leaving

sufficient setback from the boundary wall of the

petitioner as provided under the Kerala Panchayath Raj

Act and Kerala Panchayat Building Rules. The petitioner

has filed Ext.P2 representation before the first

respondent to take necessary steps to remove the alleged

unauthorised construction.

3. Heard the learned counsel for the petitioner.

In the nature of the direction I propose to issue, notice to

the respondents is dispensed with.

In the facts and circumstances of the case and

having regard to the submissions made by the learned

counsel for the petitioner, there will be a direction to the

Secretary of the first respondent Panchayat to consider

Ext.P2 with notice to the petitioner and the 2 nd

respondent and pass appropriate orders within a period

of six weeks from the date of receipt of a certified copy of

the judgment.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

vv

APPENDIX OF WP(C) 42203/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PHOTOGRAPH SHOWING THE VIOLATION

Exhibit P2 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT. 5/10/2022

Exhibit P3 THE TRUE COPY OF THE RECEIPT ISSUED BY THE SECRETARY DT. 5/11/2022