JUDGMENT

This writ petition is filed by the petitioner seeking to quash Exhibits P1 and P2 order issued by the Secretary of the Kumbalam Grama Panchayat, whereby petitioner was directed to demolish the illegal construction carried out in Re.Sy No.16 of Kumbalam Village within the limits of the Kumbalam Grama Panchayat.

2. The paramount contention advanced by the petitioner in the writ petition is that before issuing Exhibit P2 final order under section 235W of the Kerala Panchayat Raj Act, 1994, a notice & a provisional order in contemplation of section 235W (1) & (2) are not issued to the petitioner. It is also pointed out that petitioner has carried out the construction of the building after securing Exhibit P3 building permit dated 30.10.2012. Anyhow these are the subject matters to be considered by the Secretary of the Grama Panchayat, taking into account the provisions of section 235 W of the Kerala Panchayat Raj Act, 1994.

3. The sole question to be considered is whether any manner of interference is required to Exhibits P1 final order and P2 notice issued by the Secretary of the Grama Panchayat ? I have perused the pleadings and materials on record. The paramount contention advanced by the petitioner is that Exhibit P1 final order dated 9.9.2016 and Exhibit P2 notice dated 9.9.2016 is issued without following the procedure contemplated under section 235W of the Act, 1994. On a perusal of Exts.P1 and P2, I am of the considered opinion that they are provisional order and notice issued under section 235W(1) and section 235W(2), respectively. Therefore, petitioner can participate in the proceedings, if not already participated and the proceedings are concluded. It is also evident from the document produced by the petitioner that the subject matter was brought before an Adalat constituted for the purpose and petitioner has also filed Exhibit P8 objection before the Secretary of the Kumbalam Grama Panchayat.

4. Analysing the situation, I dispose of the writ petition directing the Secretary of the Kumbalam Grama Panchayat to finalise the proceedings, if not already done, at the earliest possible and at any rate, within two months from the date of receipt of a copy of this judgment, after providing a notice of hearing to the petitioner. However, I make it clear that, if already the proceedings are concluded, it shall not be re-opened under any circumstances.

Sd/-

SHAJI P. CHALY smv JUDGE APPENDIX OF WP(C) 33033/2016 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE FINAL ORDER DATED 09-09-2016 BEARING NO A2/125/16 PASSED BY THE RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED IN PRUSUANCE TO THE EXHIBIT P1 ORDER BEARING NO 5919/2016 DTED 09-09-2016 EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT DATED 30-10-

2012 ISSUED BY THE RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE BUILDING TAX RECEIPT DATED

05-12-2014, ISSUED BY THE KUMBALAM GRAMA PANCHAYATH.

EXHIBIT P5 RELEVANT PAGE OF THE PANCHATH RAJ ACT, 1994 SHOWING SECTION 235W.

EXHIBIT P6 TRUE COPY OF THE PETITION DATED 30-01-2016 FILED BY ONE MR. PETER BEFORE KANAYANNOOR LEGAL SERVICE COMMITTEE.

EXHIBIT P7 TRUE COPY OF THE NOTICE BEARING NO A2-

1360/2015 DATED 26-08-2016 ISSUED TO THE PETITIONER BY THE RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REPLY TO EXHIBIT P7 NOTICE SENT TO THE RESPONDENT BY THE PETITIONER.