IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

WEDNESDAY, THE 5^TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946 WP(C) NO. 4593 OF 2025 PETITIONER/S:

SUNNY, AGED 65 YEARS S/O.CHEERAN RAPPAI, CHEERAN HOUSE, PERAKAM POST, THRISSUR DISTRICT, PIN - 680506 BY ADVS.

R.SREEHARI HAMZA A.V.

APARNA M.P.

CIBY PAUL RESPONDENT/S:

1 PAVARATTY GRAMA PANCHAYAT, PAVARATTY GRAMA PANCHAYAT OFFICE, PAVARATTY POST, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, PIN -

680507

2 THE SECRETARY, PAVARATTY GRAMA PANCHAYAT, PAVARATTY GRAMA PANCHAYAT OFFICE, PAVARATTY POST, THRISSUR DISTRICT, PIN - 680507 OTHER PRESENT:

Shri. Rajit, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

The petitioner, who is owner of a three storied building situated in Ward No.3 of the Pavaratty Grama Panchayath, has approached this Court challenging Ext.P8 passed under Sec.235 W(1) of the Kerala Panchayath Raj Act, 1994. As per the said order, certain portion of the building of the petitioner is directed to be demolished/ regularised.

2. I have heard Sri. Sreehari.R., the learned counsel for the petitioner and Sri. Rajit, the learned standing counsel for the Panchayath.

3. As far as the relief sought in this writ petition is concerned, the same is against Ext.P8 final order issued under Sec.235 W(3) of the Kerala Panchayath Raj Act, which is appealable before the Tribunal for Local Self Government Institutions, as contemplated under Sec.278 of Kerala Panchayath Raj Act. Therefore, I am of the view that, it is only proper that the petitioner invokes his statutory remedies and the said relief need not be considered in this writ petition. However, considering the facts and circumstances of the case, I am of the view that, a breathing time can be granted to the petitioner to invoke his statutory remedies.

Therefore this writ petition is disposed of, relegating the petitioner to approach the Tribunal for Local Self Government Institutions by invoking his statutory remedy of appeal. However to enable the same, the further proceedings pursuant to Ext.P8 shall be kept in abeyance for a period of 15 days from today.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE SM APPENDIX OF WP(C) 4593/2025 PETITIONER EXHIBITS Exhibit P1 PHOTOGRAPH WITH FRONT VIEW EVIDENCING THE CONSTRUCTION OF ROOFING SHEET TRUSS WORK ON THE TERRACE OF THE 2ND FLOOR OF THE PETITIONER’S BUILDING Exhibit P2 PHOTOGRAPH WITH THE VIEW FROM THE TERRACE EVIDENCING THE CONSTRUCTION OF ROOFING SHEET TRUSS WORK ON THE TERRACE OF THE 2ND FLOOR OF THE PETITIONER’S BUILDING Exhibit P3 TRUE COPY OF THE OPEN TERRACE PLAN WITH RESPECT TO THE CONSTRUCTION OF THE SHEETED ROOF TRUSS WORK ON THE TERRACE OF THE PETITIONER’S BUILDING Exhibit P4 TRUE COPY OF THE PROVISIONAL ORDER DATED

26/08/2024 WITH NO.400701/BAUV02/

GPO/2024/3730/(2) ISSUED BY THE 2ND RESPONDENT UNDER SECTION 235 W(1) OF THE KERALA GRAMA PANCHAYAT ACT Exhibit P5 TRUE COPY OF THE NOTICE DATED 26/08/2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P6 TRUE COPY OF THE REPLY DATED 04/09/2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER DATED 11/12/2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE ORDER DATED 13/01/2025 WITH NO.

400701/BAUV02/ GPO/2024/3730/(6) ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE