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2026 Supreme(Online)(Ker) 6449

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
BINURAJ – Appellant
Versus
THE DEPUTY DIRECTOR OF PANCHAYATH – Respondent
WP(C) NO. 29612 OF 2019 | WP(C) NO. 2103 OF 2020



Advocates:
For the Appellants/Petitioners: SMT.DAISY IRENE DANIEL, SMT.M.M.BABY, SRI.N.K.SHYJU, SMT.M.B.SHYNI, SRI.DEEPAK RAJ
For the Respondents: SRI.GEORGE MATHEW, SRI.M.D.SASIKUMARAN, SRI.S.PRAVEEN, SRI.DIPU JAMES, SRI.K.V.GEORGE, GP – SMT. NIMA JACOB

The court reinforces the obligation to challenge administrative orders within a specified timeframe to ensure fairness in enforcement actions.

Headnote:The writ petitions involve Appellant seeking implementation of an order for the removal of encroachment, and challenges concerning unauthorized construction. Court instructed that failure to challenge an order within a month enables the Panchayat to proceed with implementation, observing the necessity of due process for hearing.

Table of Content
1. the necessity of challenging encroachment orders. (Para 1)
2. discussing petitioner's obligations regarding orders. (Para 2)
3. mandating due process before enforcement. (Para 3)

JUDGMENT

W.P(C) No.29612 of 2019 is filed seeking implementation of Ext.P3 order dated 22.06.2019, whereby the 3rd respondent, who is the petitioner in W.P.(C)No.2103 of 2020 was directed to remove the encroachment. W.P.(C)No.2103 of 2020 is filed challenging Ext.P1 order, which is the subsequent order issued referring to Ext.P3 order, produced in W.P.(C)No.29612 of 2019, wherein the petitioner was directed to remove the unauthorised construction.

2. The learned counsel appearing for the respondent Panchayat submits that the allegation noted in Ext.P1, produced in W.P.(C) No.2103 of 2020, is regarding laying of sheet over the building, encroaching upon the public road and thereby causing serious disturbance to user of the road. I am of the view that it is for the petitioner in W.P.(C) No.2103 of 2020 to challenge Ext.P1 order in appropriate proceedings.

3. Taking into consideration the above facts and circumstances, these writ petitions are disposed of as follows: If Ext.P1 order, produced in W.P.(C) No.2103 of 2020, has not been challenged by the petitioner therein in appropriate proceedings within a period of one month from the date of receipt of a copy of this judgment, the respondent Panchayat shall take steps to see that Ext.P1 is implemented, after issuing a fresh notice and after affording an opportunity of being heard to the petitioners in both the writ petitions.

Sd/-

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