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2022 Supreme(Online)(KER) 38135
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
PAUL P.P. – Appellant
Versus
KUNNUKARA GRAMA PANCHAYATH – Respondent
WP(C)/22419/2022
THOMSTINE K.AUGUSTINE ALEX THOMAS, ANOOP.V.NAIR, ARAVIND V.MATHEW
Local authorities are mandated to act against unauthorized property installations, reinforcing enforcement of prior court judgments.
Headnote:
Mandamus - Writ Petitions - Act Section List - The court's ruling emphasized the authority of local panchayaths to ensure the removal of unauthorized installations while upholding the petitioner's right to a clear property space as upheld in prior judgments.
Fact of the Case:
The petitioner sought removal of an unauthorized flagpole and flex board installed in front of their shop despite previous assurances from respondents to remove them, prompting the writ petition for appropriate action.
Finding of the Court:
The court acknowledged the respondents' commitment to remove the unauthorized installations within one month and closed the writ petition with directives to facilitate compliance and provide necessary police protection if required.
Issues: Whether the respondents will comply with the court's previous directives for the removal of unauthorized flagpoles and flex boards.
Ratio Decidendi: The court established that local authorities must act on unauthorized installations affecting private properties under their jurisdiction, affirming the importance of timely and effective enforcement.
Final Decision: Writ petition disposed with directions to remove unauthorized installations within one month.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 23RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944 WP(C) NO. 22419 OF 2022 PETITIONER/S:
PAUL P.P.
AGED 69 YEARS S/O.P.D.POULOSE, PUTHUSSERI VEEDU, KUNNUKARA P.O., NORTH PARAVUR, ERNAKULAM DISTRICT, PIN - 683 578.
BY ADVS.
THOMSTINE K.AUGUSTINE ALEX THOMAS RESPONDENT/S:
1 KUNNUKARA GRAMA PANCHAYATH KUNNUKARA P.O., ERNAKULAM DISTRICT, PIN - 683 578 REPRESENTED BY THE SECRETARY.
2 THE SECRETARY KUNNUKARA GRAMA PANCHAYATH, KUNNUKARA P.O., ERNAKULAM DISTRICT, PIN - 683 578.
3 THE ASSISTANT EXECUTIVE ENGINEER OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROAD ALUVA, ERNAKULAM DISTRICT, PIN - 683 101.
4 THE STATION HOUSE OFFICER CHENGAMANAD POLICE STATION, CHENGAMANAD, ERNAKULAM DISTRICT, PIN - 683 578.
BY ADV SHRI.ANOOP.V.NAIR SC, KUNNUKARA GRAMA PANCHAYAT,SRI.ARAVIND V.MATHEW, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J --------------------------------------------
--------------------------------------
Dated this the 23rd day of August, 2022
JUDGMENT
The above writ petition is filed with following prayers :
(i) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing the respondents to remove the unauthorised flagpole and flex board situated in front middle portion of petitioner's shop room No.302/A situated on the Kunnu-Kottappuram Road, in Ward No.8 of 1st respondent Panchayath, in pursuance of Exhibit P10 judgment of this Hon'ble Court within a time frame fixed by this Hon'ble Court. (ii) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction directing the 2nd respondent to implement and take appropriate action in pursuance of Ext.P5 resolution within a time frame fixed by this Hon'ble Court.
(iii) Such other reliefs as deem fit and proper by this Hon'ble Court in the facts and circumstances of the case.” [SIC]
2. The grievance of the petitioner is that the respondents are not removing the unauthorised Flagpole and Flex Board of the political party installed in front of the petitioner's shop room situated in half cents of property inspite of several requests made by the petitioner and also inspite of specific directions of this Court to remove the unauthorised Flagpoles and Flex Boards.
3. When this writ petition came up for consideration, the counsel appearing for the 1st and 2nd respondents submitted that the Flapoles and Flex Boards will be removed within one month. In the light of the above submission, the writ petition itself can be closed directing the 1st and 2nd respondents to remove all unauthorised Flagpole and Flex Board within one month.
Therefore, this writ petition is disposed of with the following directions :
1) The 1st and 2nd respondents are directed to remove all Flagpole and Flex Board situated in front of the petitioner's shop room No.302/A situated on the Kunnu-Kottappuram Road in Ward No.8 of the 1st respondent Panchayath.
2) If there is any obstruction from any party, the 4th respondent will give necessary police protection to remove the Flagpole and Flex Boards.
SD/-
P.V.KUNHIKRISHNAN JUDGE APPENDIX OF WP(C) 22419/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
22/4/2022 ISSUED FROM KUNNUKARA VILLAGE OFFICE.
Exhibit P2 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 24/5/2022 ISSUED FROM THE KUNNUKARA GRAMA PANCHAYATH.
Exhibit P3 TRUE PHOTOGRAPH SHOWING THE UNAUTHORIZED INSTALLATION OF THE FLAGPOLE AND FLEX BOARD IN FRONT OF THE PETITIONER'S SHOP.
Exhibit P4 TRUE COPY OF ONE OF SUCH COMPLAINT DATED
3/3/2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE RESOLUTION DATED
21/3/2022 PASSED BY THE PRESIDENT OF THE
1ST RESPONDENT PANCHAYATH.
Exhibit P6 TRUE COPY OF THE LETTER DATED 7/4/2022 ISSUED BY THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE LETTER DATED 21.4.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P8 TRUE COPY
