Sudheer S. Miranda vs The Secretary, Perinad Grama ...
2023 Latest Caselaw 874 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                       WP(C) NO. 4212 OF 2013
PETITIONER/S:

    1          SUDHEER S. MIRANDA
               AGED 41 YEARS
               CHAITHANYAM, CHERUMOODU,
               PERINADU.P.O., KOLLAM.
    2          SOBHA
               W/O. SUDHEER.S. MIRANDA,CHAITHANYAM, CHERUMOODU,
               PERINADU.P.O., KOLLAM.
               BY ADV SRI.B.KRISHNA MANI


RESPONDENT/S:

    1          THE SECRETARY, PERINAD GRAMA PANCHAYAT
               (SPECIAL GFADE0, CHEMMAKKADU.P.O., KOLLAM
               DISTRICT-691603.
    2          GEORGEKUTTY
               KALLUVILA, NEAR CHERUMMOODU MARKET, PERINAD,
               KOLLAM-691601.
    3          SHERLY GEORGE
               W/O. GEORGEKUTTY, KALLUVILA,NEAR CHERUMMOODU
               MARKET, PERINAD, KOLLAM-691601.
               BY ADVS.
               SRI.M.K.CHANDRA MOHANDAS
               SRI.MURALI MADANTHACODU
               SRI.S.SUDHEESHKAR


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   17.01.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                     -2-
W.P.(C). No. 4212 of 2013


                            P.V.KUNHIKRISHNAN, J.
                            ======================================================

                              W.P.(C) No. 4212 of 2013
                        =============================================================

                  Dated this the 17th day of January, 2023

                                         JUDGMENT

The above writ petition is filed with following prayers:

"(i) Call for records leading Ext.P12 and quash Ext.P6, P7, P10 and P12 by a writ of certiorari or any other appropriate writ, direction or order.

(ii) Issue a writ of mandamus or any other appropriate writ order or direction directing the 1 st respondent to take immediate action with regard to the illegal constructions of respondents 2 and 3 on the eastern side of the property comprised in Ext.P1.

(iii) Issue an interim direction directing the 1 st respondent to take immediate action on the illegal constructions effected by respondents 2 and 3 on the eastern side of the property comprised in Ext.P1.

(iv) Award costs and

(v) Any other relief this Hon'ble Court deems fit." (sic)

2. The petitioners are husband and wife. It is the case

of the petitioners that respondents 2 and 3, who are residing in a

newly constructed building on the eastern side of the property

of the petitioner making illegal construction. It is the case of

W.P.(C). No. 4212 of 2013

the petitioners that the 1st respondent Panchayat is not taking

any action. In such circumstances, this writ petition is filed.

3. Heard the counsel for the petitioner and the counsel

appearing for respondents 2 and 3.

4. The impugned orders in this writ petition are

Exts.P6, P7, P10 and P12. Ext.P6 is a letter issued by the 1st

respondent Secretary to the petitioners informing that after

conducting enquiry it is found by the Panchayat that there is no

illegal construction and the construction is in accordance to the

Kerala Panchayat Building Rules. Ext.P7 is also an information

given by the Public Information Officer, Perinad Grama

Panchayat to the petitioners. Ext.P10 is an order passed by the

Tribunal for Local Self Government Institution. The above

appeal was filed before the Tribunal challenging Ext.P7

information given under the Right to Information Act. The

Tribunal observed that no appeal will lie against such a

proceeding. Ext.P12 is also an information given by the

W.P.(C). No. 4212 of 2013

Perinad Grama Panchayat informing that there is no violation of

Kerala Panchayat Building Rules.

5. The grievance of the petitioners is that in the

information given by the Panchayat, the Panchayat has not

disclosed any details about the inspection conducted. The

petitioners submit that the information issued by the Panchayat

is without conducting proper inspection and without giving

notice to the petitioners. I don't want to make any observations

on merit. According to the contesting respondents, there is

absolutely no violation of the Rules. The Panchayat also says

that there is no violation of the rules. The grievance of the

petitioners is that the inspection by the Panchayat authority is

conducted without giving notice to the petitioners. If that be so,

the Panchayat will inspect the building of the respondents 2 and

3 with notice to the petitioners and the respondents 2 and 3 and

pass an order in accordance to law. I once again make it clear

that I have not considered the matter on merit, and the

W.P.(C). No. 4212 of 2013

Panchayat is free to pass appropriate orders, in accordance to

law.

Therefore, this writ petition is disposed of in the following

manner:

1. The 1st respondent is directed to inspect the building of the 2nd and 3rd respondents with notice to the petitioners and respondents 2 and 3 and thereafter pass appropriate orders regarding the alleged violation of the rules.

2. The above exercise shall be completed by the Panchayat as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment. sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 4212 of 2013

APPENDIX OF WP(C) 4212/2013 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DOCUMENT DATED 02.11.1999.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 03.01.2012.

Exhibit P3 TRUE COPY OF THE TAX RECEIPT DATED 18.12.1999.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 20.06.2011 SUBMITTED BEFORE THE FIRST RESPONDENT.

Exhibit P5 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 30.06.2011.

Exhibit P6 TRUE COPY OF THE PROCEEDING DATED 20.07.2012 ISSUED BY THE 1ST RESPONDENT. Exhibit P7 TRUE COPY OF THE REPLY DATED 01.08.2012 ISSUED BY THE 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF THE MEMORANDUM OF APPEAL NO.650 OF 2012 DATED 14.08.2012 BEFORE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. Exhibit P9 TRUE COPY OF THE PETITION DATED 14.08.2012 FILED BY THE FIRST PETITIONER. Exhibit P10 TRUE COPY OF THE ORDER DATED 14.08.2012 IN APPEAL NO.650 OF 2012 BEFORE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

Exhibit P11 TRUE COPY OF THE APPLICATION DATED 17.09.2012 SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT. Exhibit P12 TRUE COPY OF THE PROCEEDING DATED 20.10.2012 ISSUED BY THE FIRST RESPONDENT.

RESPONDENT EXHIBITS Exhibit R2(A) A TRUE COPY OF THE RECEIPT OF PAYMENT OF PERMIT FEES DATED 15.05.08.

Exhibit R2(B) A TRUE COPY OF THE TAX RECEIPT DATED 23.07.2009.