Kulanada Grama Panchayat vs S.Rajan
2024 Latest Caselaw 27296 Ker

Kerala High Court

Kulanada Grama Panchayat vs S.Rajan on 11 September, 2024

Author: A. Muhamed Mustaque

Bench: A. Muhamed Mustaque

                                               2024:KER:69241
W.A. No.1405 of 2024
                                1

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

   THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED

                            MUSTAQUE

                                &

               THE HONOURABLE MR. JUSTICE S.MANU

  WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,

                              1946

                       WA NO. 1405 OF 2024

        AGAINST THE ORDER DATED 14.08.2024 IN WP(C) NO.1479

OF 2021 OF HIGH COURT OF KERALA

APPELLANTS/REASPONDENT NOS.1 & 2:

    1      KULANADA GRAMA PANCHAYAT, REPRESENTED BY ITS
           SECRETARY, KULANADA P.O, PATHANAMTHITTA DISTRICT-
           689 503

    2      THE SECRETARY, KULANADA GRAMA PANCHAYAT,
           REPRESENTED BY ITS SECRETARY, KULANADA P.O,
           PATHANAMTHITTA DISTRICT-689 503.


           BY ADV V.SETHUNATH


RESPONDENTS/PETITIONER & RESPONDENTS 3 TO 6:

    1      S.RAJAN, AGED 64 YEARS, S/O.LATE SIVANANDAN,
           THEKKETHU YESODHALAYAM, T.C.50/185-1,
           KARAMANA.P.O, KALADY SOUTH, THIRUVANANTHAPURAM,
           PIN - 695 002

    2      THE TAHSILDAR (LR), KOZHENCHERRY TALUK,
           KOZHENCHERRY, PATHANAMTHITTA DISTRICT, PIN - 689
           641
                                                              2024:KER:69241
W.A. No.1405 of 2024
                                    2

    3        THE VILLAGE OFFICER, KULANADA VILLAGE,
             KULANADA.P.O, PATHANAMTHITTA DISTRICT, PIN - 689
             503

    4        THE TALUK SURVEYOR, TALUK OFFICE, KOZHENCERRY,
             PATHANAMTHITTA DISTRICT, PIN - 689 641

    5        STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
             DEPARTMENT OF REVENUE, KERALA GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
             V PHILIP MATHEWS SC



      THIS    WRIT    APPEAL   HAVING     COME   UP    FOR    ADMISSION   ON
11.09.2024,     THE    COURT   ON   THE    SAME       DAY    DELIVERED    THE
FOLLOWING:
                                                   2024:KER:69241
W.A. No.1405 of 2024
                                3




                       JUDGMENT

A. Muhamed Mustaque, Acg.C.J.

This appeal is filed against the interim order directing

the Panchayth to consider the representation. The Panchayth

had considered the representation and passed orders rejecting

the request for the permit to construct a compound wall.

According to the Panchayth, the land is included in the data

bank as wetland and there is an encroachment of public land. It

is submitted that even though the Panchayath rejected the

application for permit to construct a compound wall, based on

the observations in paragraph 2, contempt proceedings are

initiated alleging that the Panchayath had not considered the

representation in tune with paragraph 2. It is submitted that

unless and until the matter is heard finally, the request of the

appellants cannot be substantiated before the learned Single

Judge.

2. We are of the view that the matter itself can be

heard and disposed of and the contempt proceedings be kept in

abeyance till the matter is heard finally. We are sure that the

learned Single Judge will consider the matter at threadbare in 2024:KER:69241

regard to the objection raised by the appellants.

With the above observations, the appeal stands

disposed of.

Sd/-

A.MUHAMED MUSTAQUE ACTING CHIEF JUSTICE

Sd/-

S.MANU JUDGE PR