T.Bhaskaran vs The Ombudsman For Local Self Government ...
2024 Latest Caselaw 13928 Ker

Kerala High Court

T.Bhaskaran vs The Ombudsman For Local Self Government ... on 28 May, 2024

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

             TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946

                             WP(C) NO. 31125 OF 2015

PETITIONER/S:

              T.BHASKARAN,
              AGED 68 YEARS
              S/O.KARUPPAN KUTTY, MUNDOTTUVAYAL VEEDU, MANIPURAM, KODUVALLY,
              KOZHIKODE-673 571.

              BY ADVS.
              R.SUDHISH
              M.MANJU



RESPONDENT/S:

     1        THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS,
              HEAD QUARTERS, THIRUVANANTHAPURAM.695 001

     2        KODUVALLY GRAMA PANCHAYATH,
              REPRESENTED BY ITS SECRETARY, KODUVALLY POST, KOZHIKODE-673 572

     3        V.P.DEVARAJAN,
              HOUSE NO.923-A, VADAKKETHANI, KUNNATHU HOUSE, KOYA ROAD, POST
              WEST HILL, PUTHIYANGADI,KOZHIKODE-673 005

              BY ADVS.
              M.MUHAMMED SHAFI
              SRI.R.BINDU (SASTHAMANGALAM)
              R.BINDU (SASTHAMANGALAM)
              PRASANTH M.P



OTHER PRESENT:

              SRI.V.VENUGOPAL-GP


      THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.31125 OF 2015

                                       2




                               JUDGMENT

This writ petition is filed challenging Exts.P2 & P6

orders of the respondent No.1 by which the unauthorised

construction made by the petitioner was directed to be

removed.

2. At the time of admission on 13.10.2015, this Court

had passed an order of status quo and the same was

extended from time to time.

3. Heard.

4. Today, when the matter is taken up, the learned

counsel for the petitioner submitted that he has no

instruction from the party.

Hence, the writ petition is dismissed for default.

Sd/-

M.A.ABDUL HAKHIM JUDGE Shg W.P.(C)No.31125 OF 2015

APPENDIX OF WP(C) 31125/2015

PETITIONER EXHIBITS

P1- COPY OF THE ASSIGNMENT DEED NO.855 OF 1989 OF SUB REGISTRAR'S OFFICE, KODUVALLY DATED 3.5.1989.

P2- COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT ON 11.12.2013.

P3- COPY OF THE REPORT PREPARED BY THE ADDITIONAL TAHSILDAR, THAMARASSERY DATED 5.3.2015.

P4- COPY OF THE SKETCH PREPARED BY TALUK SURVEYOR, THAMARASSERY.

P5- COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER IN O.A.NO.97 OF 2015 IN O.P.NO.1864 OF 2013 ON THE FILE OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS DATED 15.6.2015.

P6- COPY OF THE ORDER OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS DATED 11.8.2015 IN I.A.NO.97 OF 2015 IN O.P.NO.1874 OF 2013.