Thankam @ Vishalakshi vs State Of Kerala
2024 Latest Caselaw 8968 Ker

Kerala High Court

Thankam @ Vishalakshi vs State Of Kerala on 27 March, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
    WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                        WP(C) NO. 16120 OF 2022
PETITIONER:

          THANKAM @ VISHALAKSHI
          AGED 62 YEARS
          D/O CHELLAN, THOTTATHIL HOUSE, KUNDALASSERY,
          KERALASSERY P.O PALAKKAD DIST, PIN - 678641
          BY ADV T.K.SANDEEP


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF LOCAL SELF-GOVERNMENT
          THIRUVANANTHAPURAM., PIN - 695001
    2     KERALASSERY GRAMA PANCHAYATH
          REPRESENTED BY SECRETARY), KERALASSERY P.O,
          PALAKKAD DIST 678641., PIN - 678641
    3     DHAKSHYAYINI
          AGED 53 YEARS
          D/O CHELLAN, THOTTATHIL HOUSE,
          KUNDALASSERY, KERALASSERY P.O
          PALAKKAD DIST. 678641., PIN - 678641
          BY ADVS.
          K.ANAND
          B.PREMNATH (E)
          N.RAJESH (PALAKKAD)
          SARATH M.S.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16120 OF 2022
                             ..2..



                 MOHAMMED NIAS C.P, J.
            ========================
                 W.P.C No. 16120 of 2022
            ========================
           Dated this the 27th day of March, 2024


                       JUDGMENT

The prayer of the petitioner seeks a direction to the

2nd respondent panchayat to initiate action against the

alleged illegal construction carried out by the 3 rd

respondent in violation of the Kerala Panchayath Building

Rules. There is also a prayer sought against the 2 nd

respondent to initiate further action pursuant to Exts.P3

and P4, which also state that the construction made was

illegal. Neither the 2nd respondent nor the 3 rd

respondent have filed counter affidavits though the writ

petition was filed as early as on 07.04.2022.

2. A reading of Exts.P3 and P4 would show prima

facie that the construction was effected without the

requisite permission. In such circumstances, there will be

a direction to the 2nd respondent to take appropriate WP(C) NO. 16120 OF 2022 ..3..

action, in accordance with law against the construction

made by the 3rd respondent, in case the same violates

the applicable law, with notice to the petitioner, 3 rd

respondent and any other affected parties, if any, and

after affording an opportunity of hearing to them, within

an outer time limit of six weeks from the date of receipt

of a copy of this judgment.

The Writ Petition is disposed of as above.

Sd/-

                              MOHAMMED NIAS C.P

LU                                      JUDGE
 WP(C) NO. 16120 OF 2022
                             ..4..



                  APPENDIX OF WP(C) 16120/2022

PETITIONER EXHIBITS :

EXHIBIT P1           A TRUE COPY OF THE RELEASE DEED NO
                     5114/2013    DATED     18.12.2013    OF
                     KADAMBAZHIPURAM SRO
EXHIBIT P2           PHOTOGRAPHS SHOWING THE CONSTRUCTION
                     VIOLATING BUILDING RULES
EXHIBIT P3           A    TRUE    COPY    OF    THE    ORDER

400788/BAUV01/GENERAL/2022/91/(1) DATED 02.03.2022 ISSUED BY KERALASSERY GRAMA PANCHAYTH EXHIBIT P4 A TRUE COPY OF THE NOTICE NO 400788/BAUV01/GENERAL/2022/91/(2) DATED 23.03.2022

// True Copy // PA To Judge