IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
THOMAS C VARGHESE – Appellant
Versus
THANNEERMUKKAM GRAMA PANCHAYATH – Respondent
WP(C) NO. 15622 OF 2024
| Table of Content |
|---|
| 1. description of the petitions and requests made. (Para 1 , 2) |
| 2. discussion on the hearing and counsel hearing. (Para 3) |
| 3. court's procedural directions for the case. (Para 4) |
JUDGMENT
The above writ petition is filed with the following prayers:
“i. To issue a writ of Certiorari or any other writ or order, calling for the records leading to Ext. P3 notice and quash the same;
ii. To issue a Writ of Mandamus or any other appropriate writ or order or direction directing the 1st respondent Panchayath to not obstruct the petitioner from constructing a wall within the boundaries of his property;
iii. Dispense with the translation of vernacular documents;
iv. To issue such other further reliefs as this Honorable Court may deem fit and proper in the facts and circumstances of this case.” (SIC)
2. The petitioner is aggrieved by Ext.P3 notice issued by the 1st respondent Panchayat. In Ext.P3, the petitioner is directed to stop the construction of a wall, which according to the 2nd respondent is in violation of the Kerala Municipality Building Rules. Aggrieved by Ext.P3, this writ petition is filed.
3. Heard, the learned counsel appearing for the petitioner, learned Standing Counsel for the Panchayat and also the learned Government Pleader.
4. This Court perused Ext.P3 notice. The petitioner has got different contentions against Ext.P3. I am of the considered opinion that this writ petition need not be retained here and this Court need not decide the matter on merit. The petitioner can be allowed to file his objection against Ext.P3, within a time frame and there can be a direction to consider the same, within a time frame, after giving an opportunity of hearing to the petitioner and other affected parties.
Therefore, this Writ Petition is disposed of with the following directions:
1. The petitioner is free to submit his objection to Ext.P3 before the 2nd respondent, within a period of three weeks from the date of receipt of a certified copy of this judgment.
2. If such an objection is received, the 2nd respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and other affected parties, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of the objection.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE nvj
APPENDIX OF WP(C) NO. 15622 OF 2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED
Judgment reserved
NA
Date of Judgment
24.02.2026
Judgment dictated
24.02.2026
Draft Judgment placed
25.02.2026
Final Judgment uploaded
26 .02.2026
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