IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

TUESDAY, THE

10TH DAY OF SEPTEMBER 2024 / 19TH BHADRA, 1946 WP(C)NO.19953 OF 2024 PETITIONER:

SUNIL YELDO ALIAS, AGED 41 YEARS S/O ALIAS ABRAHAM , MELATH HOUSE, THANGALAM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT., PIN - 686691 BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS:

THE AIKKARANADU GRAMA PANCHAYAT, OFFICE OF THE AIKKARANADU GRAMA PANCHAYAT, 1 KADAYIRUPU P.O., KOLENCHERY, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 682311 THE SECRETARY, AIKKARANADU GRAMA PANCHAYAT, OFFICE OF THE

2 AIKKARANADU GRAMA PANCHAYAT,KADAYIRUPU P.O., KOLENCHERY, ERNAKULAM DISTRICT, PIN - 682311 THE NATIONAL HIGHWAY AUTHORITY OF INDIA , (MINISTRY OF ROAD TRANSPORT AND HIGHWAY),PROJECT IMPLEMENTATION UNIT, KOCHI, 8/511B,NEITHILI-

3 MAVELIPURAM ROAD,MAVELIPURAM, KAKKANAD, REPRESENTED BY THE PROJECT DIRECTOR., PIN - 682030 THE STATION HOUSE OFFICER, PUTHENCRUZ POLICE STATION, PUTHENCRUZ P.O., 4 ERNAKULAM DISTRICT, PIN - 682308

5 RIYAS V.A, S/O ABDUL ASSIS, VANIYAPURAYIL KUMBAMKALLU HOUSE, THODUPUZHA, KARIKKODE,IDUKKI, PIN - 685585 BY ADVS.

ABRAHAM P.MEACHINKARA SALIL NARAYANAN K.A.

P.R.VENKATESH SRI.B.G.BIDAN CHANDRAN, SC, SRI.ABRAHAM P.MAECHINKARA, SC, SMT. PREETHA K.K., SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

10.09.2024, ALONG WITH WP(C).25348/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

TUESDAY, THE

10TH DAY OF SEPTEMBER 2024 / 19TH BHADRA, 1946 WP(C) NO. 25348 OF 2024 PETITIONER: RIYAS. V.A, AGED 38 YEARS S/O. ABDUL AZEEZ, RESIDING AT VANIYAPURAYIL, KUMBANKALLU, THODUPUZHA P.O., THODUPUZHA, PIN -

685585 BY ADVS.

P.R.VENKATESH ASHA P.KURIAKOSE LAKSHMI MEENAKSHI P.R.

RESPONDENTS:

THE AIKARANAD GRAMA PANCHAYAT, OFFICE OF THE AIKKARANADU GRAMA PANCHAYAT, 1 KADAYIRUPPU P.O., KOLENCHERY, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 682311 SECRETARY, THE AIKKARANADU GRAMA PANCHAYAT, OFFICE OF THE

2 AIKKARANADU GRAMA PANCHAYAT, KADAYIRUPPU P.O., KOLENCHERY, ERNAKULAM DISTRICT, PIN - 682311

3 NATIONAL HIGHWAY AUTHORITY OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAY, PROJECT IMPLEMENTATION UNIT, KOCHI, 8/511B, NEITHILI-

MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD REPRESENTED BY THE PROJECT DIRECTOR, PIN - 682308 SUNIL YELDO ALIAS, AGED 41 YEARS

4 S/O. ALIAS ABRAHAM, MELATH HOUSE, THANGALAM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691 BY ADVS.

SALIL NARAYANAN K.A. SAJEEV KUMAR K.GOPAL ABRAHAM P.MEACHINKARA,SC, SRI.B.G.BIDAN CHANGRAN,SC, SMT.PREETHA.K.K.,SR.GP.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2024, ALONG WITH WP(C)NO.19953/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MOHAMMED NIAS C.P., J ...............................................…

W.P(C)Nos.19953 & 25348 of 2024 ......................................................…….

Dated this the 10^th day of September, 2024

J U D G M E N T

W.P(C)No.19953 of 2024 is filed alleging that the 5th respondent put up hoarding in front of the building wherein the petitioner is conducting business without obtaining permission from the Grama Panchayat or the National Highway Authority. The writ petition seeks a direction to respondents 1 and 2 to remove the unauthorised advertisement board erected by the 5^th respondent in the property comprised in Re.Sy.No.143/3 in Block No.47 of Alkkaranad North Village, as the same was put up without any permission from the Grama Panchayat.

2. A counter afÏdavit has been filed by the 1st and 2nd respondents Panchayat, submitting that that no permit has been obtained from the Grama Panchayat. The National Highway Authority has also filed a counter stating that, for the violation of any of the provisions of the Panchayat Raj Act, it is for the Panchayat to take remedial action.

3. W.P.(C)No.25348 of 2024 is filed by the 5th respondent in W.P.(C)No.19953 of 2024, for a declaration that Rules 23 and 26 of the Kerala Panchayat Building Ru