Kerala High Court
Sheri vs The Tribunal For Local Self Government ... on 22 October, 2024
WP(C) NO. 34519 OF 2023 1
2024:KER:79077
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 34519 OF 2023
PETITIONER:
SHERI, AGED 50 YEARS
D/O K K ALI KUNJU, RESIDING IN THE ADDRESS FLAT
NO. 8A, RIVER SIDE RESIDENCY, KALAMASSERY P O,
COCHIN, PIN - 683504
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:
THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTIONS, THIRUVANANTHAPURAM,
1 REPRESENTED BY ITS SECRETARY, VANCHIYOOR P O,
THIRUVANANTHAPURAM, PIN - 695035
THE SECRETARY, EDAVANAKKAD GRAMA PANCHAYATH,
2 EDAVANAKKAD P O, ERNAKULAM DISTRICT, PIN - 682502
THE EDAVANAKKAD GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, EDAVANAKKAD P O,
3
ERNAKULAM DISTRICT, PIN - 682502
AYSHA, W/O KOYA A K, RESIDING IN THE ADDRESS
KOTTATHARA HOUSE, EDAVANAKKAD P O, ERNAKULAM
4
DISTRICT, PIN - 682502
MOHAMMED NAVAS K K,
S/O KOYA K K, RESIDING IN THE ADDRESS KOTTATHARA
5
HOUSE, EDAVANAKKAD P O, ERNAKULAM DISTRICT, PIN -
682502
BY ADV K.I.ABDUL RASHEED
OTHER PRESENT:
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 34519 OF 2023 2
2024:KER:79077
MOHAMMED NIAS C.P., J
............................................................
W.P(C) No.34519 of 2023
.............................................................
Dated this the 22nd day of October 2024
JUDGMENT
The petitioner challenges Ext.P27 order passed by the
Tribunal for Local Self-Government Institutions, dated 11.05.2023
allowing the appeal preferred by respondents 4 and 5 herein filed
against the order No.A1-4101/20 dated 19.09.2022 passed by the
Edavanakkad Grama Panchayat, directing the party respondents to
demolish the unauthorised constructions. The Tribunal held that
the contentions of respondents 4 and 5 were not noticed or
properly considered while passing the order impugned before it
and therefore, the impugned order could not be treated as a
speaking order.
2. Accordingly, the impugned order dated
19.09.2022 was set aside and the Panchayat was directed to pass
fresh orders after hearing the writ petitioner and respondents 4
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and 5. Though no interim order was passed in this writ petition,
the learned counsel for the Panchayat submits that they did not
proceed further to comply with the directions of the Tribunal on
account of the pendency of the writ petition.
3. The learned counsel for the petitioner argued
that there was no necessity at all to hear respondents 4 and 5 as
they were heard on all the previous occasions. As the order of the
tribunal remits the matter to the Panchayat with a finding that the
contentions of respondents 4 and 5 are not considered properly, I
do not deem it appropriate to interfere with the discretion
exercised by the Tribunal.
4. Accordingly, there will be a direction to the
Panchayat to comply with the directions in Ext.P27 order passed by
the Tribunal within six weeks from the date of receipt of a copy of
the judgment with notice to the writ petitioner and respondents 4
and 5.
5. The learned counsel for the Panchayat raised an
apprehension that respondents 4 and 5 normally do not turn up or
respond to the notices issued by the Panchayat. The Panchayat
will issue a notice to respondents 4 and 5 within ten days from the
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date of receipt of the copy of the judgment. In case respondents 4
and 5 do not respond to the same, it will be open to the Panchayat
to pass appropriate orders in accordance with law, after hearing
the writ petitioner.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Anu
2024:KER:79077
APPENDIX OF WP(C) 34519/2023
PETITIONER EXHIBITS
TRUE COPY OF THE COMPLAINT OF THE
PETITIONER BEFORE THE PRESIDENT OF THE
Exhibit P1
3RD RESPONDENT DATED 12.10.2020
TRUE COPY OF THE NOTICE WITH THE
Exhibit P2 PRELIMINARY ORDER DATED 12.08.2021
TRUE COPY OF THE REPLY OF THE
PETITIONER TO THE 2ND RESPONDENT DATED
Exhibit P3
16.09.2021
TRUE COPY OF THE COMMUNICATION BY THE
Exhibit P4 2ND RESPONDENT DATED 15.11.2021
TRUE COPY OF THE COMMUNICATION BY THE
Exhibit P5 PETITIONER DATED NIL
TRUE COPY OF THE ORDER OF THE 2ND
Exhibit P6 RESPONDENT DATED 08.12.2021
TRUE COPY OF THE EARLIER ORDER DATED
Exhibit P7 18.11.2021
TRUE COPY OF THE JUDGMENT BY THIS
HON'BLE COURT IN W P C NO. 27974 OF
Exhibit P8
2021 DATED 22.12.2021
TRUE COPY OF THE COMMUNICATION BY THE
PETITIONER TO THE 2ND RESPONDENT DATED
Exhibit P9
17.01.2022
TRUE COPY OF THE ORDER OF THE 2ND
Exhibit P10 RESPONDENT DATED 08.02.2022
Exhibit P11 TRUE COPY OF THE APPEAL FILED BY THE
5TH RESPONDENT BEFORE THE 1ST
RESPONDENT DATED 15.10.2022
2024:KER:79077
TRUE COPY OF THE WRITTEN STATEMENT BY
Exhibit P12
THE PETITIONER TO EXT P11 DATED NIL
TRUE COPY OF THE ORDER PASSED IN APPEAL
NO. 88 OF 2022 DATED 11.05.2022 BY THE
Exhibit P13
1ST RESPONDENT
TRUE COPY OF THE ARGUMENT NOTES BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P14
DATED NIL
TRUE COPY OF THE COMMUNICATION WITH
DETAILS AS PROVIDED BY THE 2ND
Exhibit P15
RESPONDENT DATED 12.05.2022
TRUE COPY OF THE COMMUNICATION BY THE
Exhibit P16 2ND RESPONDENT DATED 08.06.2022
TRUE COPY OF THE VERSION BY THE 5TH
Exhibit P17 RESPONDENT DATED 16.06.2022
TRUE COPY OF THE ORDER OF THE 2ND
Exhibit P18 RESPONDENT DATED 04.07.2022
TRUE COPY OF THE ORDER OF THE 2ND
Exhibit P19 RESPONDENT DATED 25.08.2022
TRUE COPY OF THE ORDER OF THE 2ND
Exhibit P20 RESPONDENT DATED 13.09.2022
TRUE COPY OF THE ORDER OF THE 2ND
Exhibit P21 RESPONDENT DATED 19.09.2022
TRUE COPY OF THE LETTER GIVEN BY THE
PETITIONER TO THE 2ND RESPONDENT DATED
Exhibit P22 17.10.2022 AND THE COUNTER FOIL FOR THE
POSTAL DISPATCH
Exhibit P23 TRUE COPY OF THE NOTICE RECEIVED FROM
THE 1ST RESPONDENT DATED 10.10.2022
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TRUE COPY OF THE LETTER OF THE 4TH
Exhibit P24
RESPONDENT DATED 10.09.2022
TRUE COPY OF THE APPEAL MEMORANDUM IN
Exhibit P25 APPEAL NO 644 OF 2022 DATED 09.10.2022
TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE PETITIONER IN APPEAL NO
Exhibit P26
644 OF 2022 DATED NIL
TRUE COPY OF THE ORDER OF THE TRIBUNAL
Exhibit P27 DATED 11.05.2023
RESPONDENT EXHIBITS
TRUE COPY OF THE LETTER ISSUED BY THE
2ND RESPONDENT TO THE 4TH AND 5TH
Exhibit R2(a)
RESPONDENTS DATED 04-07-2022
TRUE COPY OF THE ORDER NO.A1-4101/20
ISSUED BY THE 2ND RESPONDENT DATED 19-
Exhibit R2(b)
09-2022
TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE 2ND RESPONDENT DATED 16-
Exhibit R2(c)
02-2023
TRUE COPY OF THE NOTICE ALONG WITH THE
ORDER ISSUED BY THE 2ND RESPONDENT
Exhibit R2(d)
DATED 25-08-2022
TRUE COPY OF THE REPLY NOTICE SUBMITTED
Exhibit R2(e) BY THE 4TH RESPONDENT DATED 10-09-2022
