Saji Hussain vs Secretary, Edava Grama ...
2023 Latest Caselaw 6684 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                      OP(C) NO. 972 OF 2023
  AGAINST THE ORDER DATED 01.03.2023 IN IA.197/2023 IN APPEAL NO
   770/2022 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS,
                        THIRUVANANTHAPURAM
PETITIONER/1ST RESPONDENT IN IA.197/2023 & APPELLANT IN APPEAL:

          SAJI HUSSAIN, AGED 44 YEARS,
          D/O HUSSAIN, RESIDING AT KATTIL, ODAYAM DESOM, EDAVA
          VILLAGE, VARKALA TALUK,
          THIRUVANANTHAPURAM DISTRICT - 695141
          BY ADVS.
          T.SUJA
          M.CHANDRAN


RESPONDENTS/2ND RESPONDENT AND PETITIONER IN IA/RESPONDENT &
ADDL.2ND RESPONDENT IMPLEADED AS PER IA.197/23:

    1     SECRETARY, EDAVA GRAMA PANCHAYATH,
          EDAVA P.O., VARKALA,
          THIRUVANANTHAPURA DISTRICT, PIN - 695311
    2     SAIFUDDIN, S/O MOOSA, AGED 58 YEARS,
          RESIDING AT MELE PEDIKAYIL, ODAYAM, EDAVA,
          VARKALA TALUK, PIN - 695311


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 972 OF 2023

                                               2


                                        JUDGMENT

An order passed by the Tribunal for Local Self

Government Institutions allowing impleadment of an

additional 2nd respondent in the proceedings is under

challenge. It is pertaining to the proceedings

initiated by the Secretary of the Panchayat

concerned, for the demolition of an unauthorized

construction. The petitioner came up before the

Tribunal with an appeal. It is in that appeal, an

application was submitted for impleadment by the 2nd

respondent, which was allowed by the Tribunal,

against which the petitioner came up. In fact, the

petitioner is an aggrieved person with respect to the

alleged construction of the building in violation of

the CRZ Rules. The legal position is very much

settled by this Court in Saina and Others v. Konderi

& Others (1984 KLT 428) that each and every citizen

will have the right to interfere with the violation

of building rules even without showing any personal

injury. As such, impleadment ordered deserves no OP(C) NO. 972 OF 2023

interference especially under the extraordinary

jurisdiction under Article 227 of the Constitution.

Hence, the OP(C) will stand dismissed.

Sd/-

P.SOMARAJAN JUDGE msp OP(C) NO. 972 OF 2023

APPENDIX OF OP(C) 972/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE IMPUGNED ORDER PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN IA 197/2023 IN APPEAL NO. 770/2022 DATED 01.03.2023 Exhibit-P2 TRUE COPY OF THE ORDER NO.400198/LLAP03/GPO/2022/3856(2) DATED 23.11.2022 OF THE 1ST RESPONDENT PANCHAYATH FROM WHICH THE ABOVE MENTIONED APPEAL PREFERRED BEFORE THE TRIBUNAL. Exhibit-P3 TRUE COPY OF THE IA 197/2023 FILED BY THE 2 ND RESPONDENT IN THE APPEAL BEFORE THE TRIBUNAL DATED 2.2.2023 Exhibit-P4 TRUE COPY OF OBJECTION FILED BY THE PETITIONER IN IA.197/2023 IN THE ABOVE APPEAL BEFORE THE TRIBUNAL, DATED 13.02.2023 Exhibit-P5 TRUE COPY OF APPEAL MEMORANDUM IN APPEAL NO.

770/2022 FILED BY THE PETITIONER DATED 05.12.2022 Exhibit-P6 TRUE COPY OF THE ORDER OF THE WP(C) 23231/2013 DATED 20.07.2015 Exhibit-P7 TRUE COPY OF THE ORDER OF THE PRINCIPAL SECRETARY HAVING ORDER NO.3437/2015 DATED 20.11.2015.

Exhibit-P8 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN WP(C) 18705/2018 DATED 11.07.2022 Exhibit-P9 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL IN WA 1321/2022 DATED 16.09.2022.