Authority of local bodies to nullify court decrees challenged.

JUDGMENT

This Writ Petition (C) is filed seeking the following reliefs:

" 1. Issue a writ of certiorari or any other writ, order or direction calling for the records leading to exhibit P15 and quash the same as illegal.

2. Declare that the 2^nd respondent have no jurisdiction or authority to nullify a decree of a competent civil court as evidenced by Ext.P6 and P7 by resorting to Ext.P15. 3. Issue a writ of mandamus or any other writ, order or direction directing the respondent No 2 to reconsider the whole matter after giving an opportunity to the petitioners and after physically inspecting the site in question and take appropriate decision in accordance to law with particular reference to Exhibits.P5, P6 and P7."

[SIC]

2. Petitioners earlier approached this Court by filing W.P(C) No.2455/2025 as evident by Ext.P13. This Court disposed of the writ petition with the following directions:

" The petitioners are aggrieved by the Ext.P11 and P12 notices issued by the 2^nd respondent, alleging that the petitioner had carried out certain unauthorized constructions encroaching upon the property vested with the Panchayat. The specific contention raised by the petitioners in this writ petition is that the said notices were issued requiring the petitioners to remove the said construction, without hearing the petitioners.

2. On perusal of Exts.P11 and P12, it is seen that, the petitioners were not heard while issuing the said notices. In such circumstances, this writ petition is disposed of, permitting the petitioners to submit an objection to Exts.P11 and P12 by treating the said notices as preliminary orders. In case such objections, are submitted within a period of two weeks from the date of receipt of a copy of this judgment, the same shall be considered by the 2^nd respondent after giving the petitioners and also the 3^rd respondent an opportunity for being heard. Final orders on Exts.P11 and P12 shall be passed within a period of one month from the date of receipt of a copy of the objection, if any submitted. In case no objection is submitted within the said time, it shall be open for the respondent- Panchayat to proceed further with the notices referred to above. It is clarified that, the petitioners shall not carry out any further construction before finalising the proceeding as referred to above."

3. According to the petitioners, they submitted Ext.P14 objection as directed by this Court. But, as per Ext.P15, the Panchayat directed the demolition of the compound wall. Hence, this Writ Petition.

4. Heard counsel for the petitioner and the Standing Counsel appearing for the Panchayat.

5. The Standing Counsel appearing for the Panchayat submitted that the Panchayat has not received Ext.P14, and on the other hand, the petitioners submitted that Ext.P14 has been submitted. I do not want to make any observations regarding the same. Considering the facts and circumstances of the case, there can be a direction to the Panchayat to consider Ext.P14 as directed by this Court in Ext.P13. To facilitate the Panchayat to reconsider the matter, Ext.P15 can be set aside.

Therefore, this Writ Petition is disposed of, with the following directions:

1. Ext.P15 is set aside.

2. The 2^nd respondent is directed to consider Ext.P14 as directed in Ext.P13 judgment, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

3. All coercive steps against the petitioners shall be kept in abeyance till final orders are passed in Ext.P14.

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