Kerala High Court
Mable Rozario vs The Cheranellur Grama Panchayat on 11 June, 2024
WP(C) NO. 24495 OF 2017
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
WP(C) NO. 24495 OF 2017
PETITIONER/S:
MABLE ROZARIO
AGED 65 YEARS
AGED 65 YEARS, W/O.JOSEPH ROZARIO (LATE),ARAMVEETTUPARAMBIL
HOUSE, P.O.SOUTH CHITTUR,CHITTUR DESAM, CHERANELLUR
VILLAGE,KANAYANNUR TALUK, ERNAKULAM DISTRICT.
BY ADV SRI.P.G.SURESH
RESPONDENT/S:
1 THE CHERANELLUR GRAMA PANCHAYAT
REP. BY ITS SECRETARY,CHERANELLUR GRAMA PANCHAYAT
OFFICE,P.O.SOUTH CHITTUR, CHITTUR,ERNAKULAM DISTRICT. PIN-
682 027.
2 THE PRESIDENT
CHERANELLUR GRAMA PANCHAYAT,CHERANELLUR GRAMA PANCHAYAT
OFFICE,P.O.SOUTH CHITTUR, CHITTUR,ERNAKULAM DISTRICT. PIN-
682 027.
3 JESSY ALEX
AGED 45 YEARS
AGED ABOUT 45 YEARS, W/O.ALEX,KOLARICKAL HOUSE, P.O.SOUTH
CHITTUR,CHITTUR DESAM, CHERANELLUR VILLAGE,KANAYANNUR
TALUK, ERNAKULAM DISTRICT,PIN-682 027.
BY ADVS.
SRI.T.K.AJITHKUMAR (VALATH)
SRI.P.M.BENSON
SRI.N.M.MOHAMMED AYUB
SRI.P.V.SHAMSUDDIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24495 OF 2017
2
JUDGMENT
Dated this the 11TH day of June, 2024
Petitioner approached this Court aggrieved by Ext.P3 and P6
notices issued by the Secretary of the Cheranellur Grama Panchayat
directing to demolish certain unauthorised constructions.
2. Party respondents have filed counter affidavit and
produced Ext.R3(b), copy of the previous notice issued to the
petitioner by the Secretary of the Grama Panchayat. Specific case of
the learned Counsel for the petitioner is that notices were issued
without any opportunity of hearing to the petitioner. This is denied
by the learned Counsel for the party respondents as well as the
Panchayat pointing out that Ext.R3(b) notice was issued to the
petitioner and it was for the petitioner to avail the opportunity of
hearing, submit representations etc.
3. The notices under challenge, Exts.P3 and P6, issued by
the Secretary of the Panchayat is for demolition of some
unauthorised constructions. Such actions initiated by the Secretary
can be challenged very well before the Tribunal for Local Self
Government Institutions under the provisions of Section 276 (4) of
the Kerala Panchayat Raj Act, 1994.
WP(C) NO. 24495 OF 2017
Therefore, I am of the view that this Court need not enter into the
merits of the matter and it will be appropriate to relegate the
petitioner to approach the Tribunal by filing appeal.
4. Taking into account the pendency of this writ petition the
Tribunal shall treat the appeal as filed within time in case the appeal
is filed within 30 days from today.
Leaving open the respective contentions of the parties, this
writ petition is disposed of as above.
Sd/
S.MANU, JUDGE
jm/
WP(C) NO. 24495 OF 2017
APPENDIX OF WP(C) 24495/2017
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE SALE DEED NO.2422/1987 OF
ERNAKULAM SRO DATED 01.07.1987 EXECUTED IN
FAVOUR OF JOSEPH ROZARIO.
EXHIBIT P2 THE TRUE COPY OF THE APPROVED PLAN OF THE
BUILDING CONSTRUCTED BY THE PETITIONER.
EXHIBIT P3 THE TRUE COPY OF THE NOTICE BEARING NO.C4-
2434/17 DATED 14.06.2017 ISSUED BY THE 1ST
RESPONDENT HEREIN TO THE PETITIONER.
EXHIBIT P4 THE TRUE COPY OF THE REPLY DATED 01.07.2017
SUBMITTED BY THE PETITIONER AND HER 2 CHILDREN
BEFORE THE 1ST RESPONDENT FOR THE NOTICES
ISSUED TO THEM.
EXHIBIT P5 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST
RESPONDENT HEREIN ON 01.07.2017.
EXHIBIT P6 THE TRUE COPY OF THE NOTICE BEARING NO.C4-
2434/17 DATED 29.06.2017 ISSUED BY THE 1ST
RESPONDENT AND SERVED UPON THE PETITIONER ON
04.07.2017.
