Alice Jose vs Manjoor Grama Panchayat
2023 Latest Caselaw 7865 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                         WP(C) NO. 24424 OF 2023
PETITIONER:

              ALICE JOSE
              AGED 64 YEARS
              WIFE OF LATE JOSE, NAMMATTATHIL HOUSE, MANJOOR P.O,
              KURUPPUMTHARA, KOTTAYAM DISTRICT, PIN - 686603
              BY ADV P.V.BABY


RESPONDENTS:

     1        MANJOOR GRAMA PANCHAYAT
              P.O, MANJOOR, KOTTAYAM, REPRESENTED BY ITS SECRETARY,
              PIN - 686603
     2        SECRETARY, MANJOOR GRAMA PANCHAYAT
              P.O MANJOOR, KOTTAYAM- 686603
     3        THOMAS JACOB
              AGED 58 YEARS, S/O. CHACKO, RESIDING AT WARD NO. 4,
              THARAPPEL HOUSE, MANJOOR P.O, KURUPPUMTHARA, KOTTAYAM,
              PIN - 686603


              SR.GOVERNMENT PLEADER. SMT.AMMINIKUTTY K.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.24424 OF 2023
                                   2




                           JUDGMENT

Dated this the 26th day of July, 2023

Petitioner is a widow aged 64 years. The residential

buildings of the petitioner and the 3rd respondent are closely

situated within the area of Manjoor Grama Panchayat. The

petitioner states that the 3rd respondent has constructed a

residential building close to the house of the petitioner without

leaving sufficient setback violating the Building Permit and the

Building Rules. Due to the unauthorized construction by the 3rd

respondent, serious difficulties are being caused to the house

and compound wall of the petitioner.

2. Pointing out these facts, the petitioner filed Ext.P1

representation before the 2nd respondent-Secretary to the

Manjoor Grama Panchayat, but the 2nd respondent did not

consider the same. Aggrieved by the inaction on the part of the

2nd respondent in considering Ext.P1 representation submitted WP(C) NO.24424 OF 2023

by the petitioner, the petitioner is before this Court.

3. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing respondents 1

and 2. In view of the nature of the relief to be granted in the

writ petition, notice to the 3rd respondent is dispensed with.

4. The allegation of the petitioner is that the 3 rd

respondent has made an illegal construction abutting the

compound wall of the petitioner. The construction is in

violation of the Building Permit issued. The petitioner has

brought this fact to the notice of the 2nd respondent-Secretary

to the Manjoor Grama Panchayat by filing Ext.P1

representation.

4. In the facts of the case, I am of the view that the

Secretary to the Grama Panchayat shall consider Ext.P1 and

take appropriate action as is warranted, in the facts and

circumstances of the case.

The writ petition is therefore disposed of directing the 2 nd

respondent to consider Ext.P1 representation submitted by the WP(C) NO.24424 OF 2023

petitioner and take appropriate decision thereon, after giving

an opportunity of hearing to the petitioner and the 3 rd

respondent. Orders in this regard shall be passed within a

period of six weeks.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.24424 OF 2023

APPENDIX OF WP(C) 24424/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE PHOTOCOPY OF THE COMPLAINT DATED 15/5/2023 FORWARDED BY THE PETITIONER THROUGH REGISTERED POST TO THE 2ND RESPONDENT Exhibit P2 A TRUE PHOTOCOPY OF THE POSTAL RECEIPT FOR HAVING SENT EXT.P1 UNDER REGISTERED POST ON 16/5/2023