Madhu vs The Secretary
2023 Latest Caselaw 521 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                      WP(C) NO. 830 OF 2023


PETITIONERS:

    1     MADHU,
          AGED 55 YEARS
          RESIDING AT CHEEKULATH PRATHIBHA,
          BHARANIKKAVU SOUTH,
          BHARANIKKAVU P.O.,
          KAYAMKULAM,
          ALAPPUZHA DISRTRICT,
          PIN - 690503

    2     VALSALA MADHU,
          AGED 50 YEARS
          W/O. MADHU, RESIDING AT
          CHEEKULATH PRATHIBHA,
          BHARANIKKAVU SOUTH,
          BHARANIKKAVU P.O.,
          KAYAMKULAM, ALAPPUZHA DISRTRICT,
          PIN - 690503

          BY ADVS.
          B.KRISHNA MANI
          N.V.SANDHYA
          DHANUJA M.S


RESPONDENTS:

    1     THE SECRETARY,
          BHARANIKKAVU GRAMA PANCHAYAT,
          PALLICKAL POST,
          ALAPPUZHA DISTRICT-690503.
          PIN - 690503.

    2     M.G.ALEXANDER,
          AGED 55 YEARS
          PUTHUKULANGARA HOUSE,
          BHARANIKKAVU SOUTH,
                                        2

WP(C) No. 830 of 2023


               BHARANIKKAVU P.O.
               ALAPPUZHA-690503.

               SRI.VINCENT JOSEPH SC.


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.01.2023,        THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                       3

WP(C) No. 830 of 2023




                              JUDGMENT

Dated this the 11th day of January, 2023

The petitioners are husband and wife. They constructed a

commercial cum residential building in their property having an

extent of 3.40 Ares in accordance with the approved building plan.

The neighboring property owner, the 2nd respondent, approached

this Court complaining of certain violations of the relevant Building

Rules as per Ext.P1. The 2nd respondent had approached this

Court by filing a Contempt of Court Case, C.O.C. No.1959/2021.

The petitioner is not a party therein. This Court has passed Ext.P6

order. Now, the 1st respondent has issued Ext.P7 notice in terms

of which the alleged illegal constructions are sought to be

demolished. The petitioners had already approached the Tribunal

for Local Self Government Institutions, Thiruvananthapuram by

filing an Appeal No.494/2022. In the above appeal, an application,

I.A.No.33/2023, was filed seeking stay. Another appeal has also

been filed. All the appeals have been filed in terms of the

WP(C) No. 830 of 2023

directions of this Court in various judgments. Thus, the issuance of

Ext.P7 directing the demolition of the stair case is totally illegal.

There is no violation of any provisions of the Kerala Panchayat

Building Rules, contend the petitioners.

2. The petitioners further state that the proceedings before

the Tribunal for Local Self Government Institutions stand posted to

12.01.2022. In the meanwhile, if the demolition is effected, the

petitioners will be put to irreparable loss and injuries.

3. I find that the petitioners have earlier approached this

Court filing W.P.(C) No.25009/2022 and this Court disposed of the

writ petition without granting any relief to the petitioners, but

permitting the petitioners to prosecute the pending appeal and to

file fresh appeal before the Tribunal.

4. Subsequently, on the basis of a Contempt of Court

Case filed by the 2nd respondent, this Court has passed Ext.P6

order wherein this Court has directed the Panchayat authorities to

file a Compliance Report on or before 13.01.2023 failing which the

Secretary was directed to appear before this Court in person.

WP(C) No. 830 of 2023

5. In view of the above, I do not find any reason to pass

any order so as to interfere with the order already passed by this

Court as per Ext.P6. As the petitioners have approached the

Tribunal for Local Self Government Institutions, the petitioners

have to move the Tribunal for any relief in the matter.

The writ petition is found without any merit and therefore

dismissed.

Sd/-

N. NAGARESH JUDGE ams

WP(C) No. 830 of 2023

APPENDIX OF WP(C) 830/2023

PETITIONERS' EXHIBITS Exhibit-P1 TRUE COPY OF THE JUDGMENT DATED 5/10/2021 IN W.P.(C)13460/2021 BEFORE THE HON'BLE HIGH COURT OF KERALA.

Exhibit-P2 TRUE COPY OF THE JUDGMENT DATED 8/6/2022 IN WP(C)NO.30819/2021 BEFORE THE HON'BLE HIGH COURT OF KERALA.

Exhibit-P3 TRUE COPY OF THE JUDGMENT DATED 22/9/2022 IN WP.(C)NO.25009/2022 BEFORE THE HON'BLE HIGH COURT OF KERALA.

Exhibit-P4 A TRUE WRIT PETITION(C).NO.38174/2022 BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM DATED Exhibit-P5 A TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.38174/2022 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM DATED Exhibit-P6 A TRUE COPY OF THE ORDER IN CONTEMPT CASE.NO.1959/2021 DATED 22-12-2022 Exhibit-P7 A TRUE COPY OF THE NOTICE DATED 28-12-2022 ISSUED BY THE 1ST RESPONDENT Exhibit-P8 A TRUE COPY OF THE I.A.NO.33/2023 IN APPEAL.NO.494/2022 BEFORE THE LOCAL GOVERNMENT INSTITUTIONS THIRUVANANTHAPURAM DATED 6-1-2023 Exhibit-P9 A TRUE COPY OF THE UN NUMBERED APPEAL FILED BY THE PETITIONERS BEFORE THE LOCAL GOVERNMENT INSTITUTIONS THIRUVANANTHAPURAM DATED 05-01-2023