IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
P.P.JOHN – Appellant
Versus
KADAMAKUDY GRAMA PANCHAYATH – Respondent
WP(C) NO. 8269 OF 2024
| Table of Content |
|---|
| 1. challenge to unauthorized construction under the kerala panchayat raj act. (Para 1 , 2) |
| 2. court mandates timely consideration of representations and extends interim relief. (Para 3 , 4) |
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
"i) Call for the records leading to Ext P4 and to quash the same by writ of Certiorari.
ii) Issue such other reliefs as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
iii) Kindly issue direction dispensing with the production of English translation of Malayalam documents."
[SIC]
2. The petitioner has shifted his gate within his property frontwards to avert unauthorised parking of the vehicles inside his property, is the submission. The 1st respondent issued Ext.P4 order under Section 235X of the Kerala Panchayat Raj Act , 1994 stating that complaints were received about the unauthorised construction of gate in the property. The petitioner submitted Ext.P5 representation before the 2nd respondent. The same is not considered is the grievance of the petitioner.
3. When this Writ Petition came up for consideration before this Court on 01.03.2024, this Court passed the following order:
“Admit.
2. Issue notice to the respondents by speed post.
3. There will be a stay of all coercive proceedings against the petitioner pursuant to Ext.P4 for a period of one month.”
4. The above interim order was extended regularly.
I am of the considered opinion that this Writ Petition need not be retained here. There can be a direction to the Panchayat to consider Ext.P5, and till then the interim order can be allowed to continue.
Therefore, this Writ Petition is disposed of in the following manner:
1. The 2nd respondent is directed to consider and pass appropriate orders in Ext.P5, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.
2. Till final orders are passed in Ext.P5, the interim order dated 01.03.2024 will continue.
3. The petitioner is free to file an additional representation also before the 2nd respondent, if necessary.
Sd/-
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