Kerala High Court
Boby Eldho vs The Ombudsman For Local Self Government ... on 20 March, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946
WP(C) NO. 8094 OF 2025
PETITIONERS:
1 BOBY ELDHO,
AGED 35 YEARS
S/O. K.K. ELDHO, KARIKKUDI HOUSE, PRALAYAKKADU,
THURUTHI P.O.,KURUPPAMPADI, ERNAKULAM,PIN - 683545
2 K.K.ELDHO,
AGED 69 YEARS
S/O. KURIAKOSE,KARIKKUDI HOUSE,PRALAYAKKADU,
THURUTHI P.O.,KURUPPAMPADI,ERNAKULAM, PIN - 683545
BY ADVS.
ADARSH KUMAR
K.M.ANEESH
SHASHANK DEVAN
YADU KRISHNAN P.M.
RESPONDENTS:
1 THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT
INSTITUTIONS,SAPHALYAM COMPLEX,TRIDA BUILDING,
UNIVERSITY P.O.,PALAYAM,THIRUVANANTHAPURAM,
PIN - 695034
2 THE SECRETARY,
MUDAKKUZHA GRAMA PANCHAYAT,MUDAKKUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683546
3 C C JOY,
CHIRAKKAL HOUSE,THIRUTHY P.O.,VENGOOR WEST VILLAGE,
MADAKKUZHA KARA, PERUMBAVOOR, ERNAKULAM DISTRICT,
PIN - 683545
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W.P. (C) No.8094 of 2025 : 2:
4 ALICE JOY,
AGED 62 YEARS
W/O.JOY,CHIRAKKAL HOUSE,THIRUTHY P.O.,VENGOOR WEST
VILLAGE, MADAKKUZHA KARA, PERUMBAVOOR,
ERNAKULAM DISTRICT, PIN - 683545
BY ADVS.
R.RENGITH, SC
PARVATHY K., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P. (C) No.8094 of 2025 : 3:
ZIYAD RAHMAN A.A., J.
===========================
W.P. (C) No.8094 of 2025
============================
Dated this the 20th day of March, 2025
JUDGMENT
The petitioners are aggrieved by Ext.P5 notice issued by
the 2nd respondent requiring them to remove the constructions
already carried out by the petitioners which according to the 2 nd
respondent Panchayat, are unauthorised.
2. The specific contention raised by the petitioners is that
the petitioner was not granted any notice before issuing Ext.P5.
On perusal of Ext.P5, it is seen that it does not reflect any details
with regard to the prior notice issued against unauthorised
construction. A provisional order ought to have been passed by
the Panchayat before taking a final decision. In this case, no such
procedure has been followed by the 2nd respondent.
3. In such circumstances, this writ petition is disposed of
directing the 2nd respondent to treat Ext.P5 as a provisional order
and the petitioner shall be entitled to submit a reply to the Ext.P5
within a period of two weeks. In case a reply is submitted within
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the said period, a final decision shall be taken by the 2 nd
respondent after hearing the petitioner, within a period of one
month from the date of receipt of submission of objection.
4. It is clarified that in case objection/reply as referred to
above is not submitted within two weeks, it shall be open to the 2nd
respondent to continue the proceedings on the basis of Ext.P5. Till
such a decision is taken, Ext.P5 shall be continued.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
nk
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APPENDIX OF WP(C) 8094/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPLAINT DATED 22-12-2023
SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P2 A TRUE COPY OF THE COMPLAINT DATED 07-03-2024
BEFORE THE 1ST RESPONDENT
Exhibit P3 A TRUE COPY OF ORDER DATED 06-12-2024 ISSUED
BY THE 1ST RESPONDENT IN OP 240/2024
Exhibit P4 A TRUE COPY OF ORDER DATED 06-12-2024 ISSUED
BY THE 1ST RESPONDENT IN OP 594/2024
Exhibit P5 A TRUE COPY OF THE NOTICE DATED 15-02-2025
ISSUED BY THE 2ND RESPONDENT
