Sunoj C vs The Deputy Director Of Panchayath
2024 Latest Caselaw 4903 Ker

Kerala High Court

Sunoj C vs The Deputy Director Of Panchayath on 9 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
                        WP(C) NO. 33674 OF 2016


PETITIONER:

            SUNOJ C.
            AGED 34 YEARS
            S/O. CLEETUS, PALLIMELATHIL, KANJIRAKODE,
            KUNDRA P O., KOLLAM DISTRICT, PIN-691501
            BY ADV SRI.AJAYA KUMAR. G


RESPONDENTS:

    1       THE DEPUTY DIRECTOR OF PANCHAYATH
            KOLLAM DISTRICT, CIVIL STATION, KOLLAM, PIN-691001
    2       THE SECRETARY
            PERAYAM GRAMA PANCHAYATH, KUNDRA P O.,
            KOLLAM DISTRICT-691501
    3       SHRI. ANTONY FERNANDEZ
            SARA COTTAGE, PATTATHANAM,
            VADAKKEVILA, KOLLAM-691004
    4       SHRI. ANILKUMAR
            PUNNAVILA VEEDU, KANJIRAKODE, KUNDARA P O.,
            KOLLAM DISTRICTPIN-691501


BY ADVS.

            SRI.T.K.AJITHKUMAR (VALATH) - R4
            SRI B S SYAMANTAK, GP
            SRI. SASITH PANICKER FOR R2



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33674 OF 2016


                               2



              P.V.KUNHIKRISHNAN, J.
               ------------------------------
             W.P.(C)No. 33674 of 2016
       ----------------------------------------------
    Dated this the 09th day of February, 2024


                      JUDGMENT

The above writ petition is filed with the

following prayers;

"i) To issue a writ of mandamus or writ of

similar nature or order or direction

commanding the respondents 1 and 2 to take

effective steps for implementing Ext.P3 order

and to remove all illegal constructions made

by respondents 4 and 5 in Survey No. 396/2/3

of Mulavana Village, with in a time frame that

may be fixed by this Hon'ble Court.

ii) To issue any other order or direction that

this Honourable Court may deem fit under the WP(C) NO. 33674 OF 2016

facts and circumstances of the case."

2. Notice issued to the 3rd and 4th respondents

is returned with an endorsement "door locked and

left India". The main prayer of the petitioner is to

implement Ext.P3 provisional order. This Court

passed an interim order on 20.10.2016, which is

extracted hereunder;

"Admit.

Government Pleader takes notice for R1.

Issue notice to R2 to R4.

The 2nd respondent shall ensure that the order

at Ext.P3, stopping the construction is enforced,

but, however, not leading to any demolition of

the already constructed area."

3. Since, it is only a provisional order, I think,

this writ petition need not be retained here. The

authority concerned will proceed, in accordance with WP(C) NO. 33674 OF 2016

law, with notice to the petitioner and respondent

Nos.3 and 4. Till final orders are passed, the interim

order dated 20.10.2016 will continue.

With the above observation, this writ petition is

closed.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 33674 OF 2016

APPENDIX OF WP(C) 33674/2016

PETITIONER EXHIBITS EXHIBIT P1: TRUE COPY OF THE JUDGMENT DATED 30.5.2009 IN WPC NO.18467/2008 EXHIBIT P2: THE PHOTOGRAPHS SHOWING THE POSITION OF THE ROOF AND BUILDING OF THE 4TH RESPONDENT EXHIBIT P3: TRUE COPY OF THE ORDER ISSUE DTO THE 4TH RESPONDENT BY THE 2ND RESPONDENT DATED 29.9.2016

RESPONDENTS EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE