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HIGH COURT OF KERALA
AMIT RAWAL, J
K.T.MOHAMMED KOYA, – Appellant
Versus
THE NENMARA GRAMA PANCHAYAT, – Respondent
WP(C)/2095/2020
Demolition - Kerala Panchayat Raj Act - [235W, 276] - Court interpreted the appeal provisions under Section 276 of the Kerala Panchayat Raj Act, reinforcing the right of affected parties despite prior implementation orders.
Fact of the Case:
The petitioner challenged a demolition order issued under the Kerala Panchayat Raj Act, 1994, asserting that the order was appealable under Section 276 and that his rights to challenge it remained intact.
Issues: Whether the petitioner could appeal the demolition order despite its implementation.
Ratio Decidendi: The court held that implementation of a decision does not deprive affected parties of their right to seek redress under the relevant provisions of the law, specifically under Section 276 of the Act.
Final Decision: The petition was disposed of, allowing the petitioner to pursue an appeal regarding the demolition order.
JUDGMENT
Petitioner in W.P.(C)No.2095/2020 challenges the demolition order dated 30.11.2019 passed under Section 235W of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as 'Act' for short). Apparently, the aforementioned order is appealable before the Tribunal as per Section 276 of the Act and the petitioner is at liberty to avail the remedy under the above provisions of law. Learned Counsel for the petitioner has expressed his inability, in view of the order dated 15.1.2020 passed in W.P.(C) No.33755/2019, whereby the demolition order dated 30.11.2019 has to be implemented. Learned Counsel for the panchayat has also not denied the same. I am of the view that the implementation of the demolition order as reflected in the order of this Court dated 15.1.2020 cannot take away the right of the affected parties to avail demolition order before a competent authority as prescribed under Section 276 of the Act.
2. In view of the aforementioned observation W.P.(C)No.2095/2020 stand disposed of. Petitioner is at liberty to pursue his application for obtaining building permit dated 23.11.2019, replied as per 16.12.2019, in accordance with law. Review petition is disposed of in view of the observation made in the above writ petition.
In view of the disposal of W.P.(C) No.2095/2020, giving liberty to the petitioner therein to seek remedy against the demolition order and pursue his application for building permit, W.P.(C)No.33755/2019 is also disposed of.
Sd/
AMIT RAWAL JUDGE Jm/
APPENDIX OF WP(C) 2095/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ACKNOWLEDGEMENT RECEIPT DATED
01/07/2019 ISSUED BY THE NENMARA GRAMA PANCHAYAT.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 28/08/2019 FILED BY THE PETITIONER BEFORE THE NENMARA GRAMA PANCHAYAT.
EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED
30/08/2019 AND THE ACKNOWLEDGEMENT FROM THE PANCHAYAT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED
20/11/2019 SUBMITTED BY THE PETITIONER BEFORE THE NENMARA GRAMA PANCHAYAT.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
22/11/2019 SUBMITTED BY THE PETITIONER BEFORE THE NENMARA GRAMA PANCHAYAT.
EXHIBIT P6 TRUE COPY OF THE REPORT DATED 30/11/2019 FROM THE ASSISTANT ENGINEER (LSG SECTION).
EXHIBIT P7 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT SUBMITTED ON 23/11/2019 BY THE PETITIONER.
EXHIBIT P8 TRUE COPY OF THE REPLY FROM THE PANCHAYAT TO THE PETITIONER DATED 16/12/2019 WITH ENGLISH TRANSLATION.
EXHIBIT P9 PHOTOGRAPHS OF THE BUILDING.
EXHIBIT P10 TRUE COPY OF BUILDING TAX RECEIPT DATED
23/05/2019 FROM THE NENMARA GRAMA PANCHAYAT.
EXHIBIT P11 TRUE COPY OF THE BUILDING TAX RECEIPT DATED
11/10/2019 ISSUED BY THE NENMARA GRAMA PANCHAYAT.
EXHIBIT P12 TRUE COPY OF THE NOTICE DATED 25/07/2019 BE THE PANCHAYAT TO THE PETITIONER.
EXHIBIT P13 TRUE COPY OF PROVISIONAL ORDER DATED
28/09/2019 FROM THE PANCHAYAT TO THE PETITIONER.
EXHIBIT P14 TRUE COPY OF FINAL ORDER DATED 20/11/2019 FROM THE SECRETARY, NENMARA GRAMA PANCHAYAT.
EXHIBIT P15 TRUE COPY OF ORDER DATED 24/08/2019 FROM THE PANCHAYAT TO THE PETITIONER.
EXHIBIT P16 TRUE COPY OF COMMUNICATION DATED 20/11/2019 ISSUED BY THE SECRETARY, NENMARA GRAMA PANCHAYAT TO THE STATION HOUSE OFFICER.
EXHIBIT P17 TRUE COPY OF THE INTERIM ORDER DATED
11/12/2019 IN WPC NO.33755/2019 OF THIS HON'BLE COURT.
EXHIBIT P18 TRUE COPY OF THE ORDER DATED 15/01/2020 IN WPC NO.33755/2019 OF THIS HON'BLE COURT.
APPENDIX OF RP 78/2020 PETITIONER'S/S EXHIBITS:
ANNEXURE-1 TRUE COPY OF ACKNOWLEDGMENT RECEIPT DATED
1.7.2019 ISSUED BY THE NENMARA GRAMA PANCHAYAT ANNEXURE-2 TRUE COPY OF THE COMPLAINT DATED 28.8.2019 FILED BY THE PETITIONER BEFORE THE NENMARA GRAMA PANCHAYAT ANNEXURE-3 TRUE COPY OF THE REPLY DATED 30.8.2019 AND THE ACKNOWLEDGEMENT FROM THE PANCHAYAT ANNEXURE-4 TRUE COPY OF THE REPRESENTATION DATED
20.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE NENMARA GRAMA PANCHAYAT ANNEXURE-5 TRUE COPY OF THE REPRESENTATION DATED
22.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE NENMARA GRAMAPANCHYAT ANNEXURE-6 TRUE COPY OF THE REPORT DATED 30.11.20
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