Babu Varghese vs The Deputy Director Of Panchayat on 12 January, 2022

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Kerala High Court

Babu Varghese vs The Deputy Director Of Panchayat on 12 January, 2022

Bench: Anu Sivaraman

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 WEDNESDAY, THE 12TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943
                         WP(C) NO.25742 OF 2021
PETITIONER :-

             BABU VARGHESE, AGED 58 YEARS
             S/O.VARGHESE, CHIRAKKAL VEEDU, KIDAGOOR P.O,
             ANGAMALY, ERNAKULAM DISTRICT-683 572.

             BY ADV BIJU.P.N.


RESPONDENTS :-

     1       THE DEPUTY DIRECTOR OF PANCHAYAT,
             OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT,
             KAKKANAD P.O, ERNAKULAM - 682 030.

     2       THURAVOOR GRAMA PANCHAYAT,
             REPRESENTED BY THE SECRETARY,
             OFFICE OF THE THURAVOOR GRAMA PANCHAYAT,
             THURAVOOR P.O, ERNAKULAM DISTRICT-683 572.

     3       POLACHAN,
             S/O. OUSPHE, CHIRAKKAL VEEDU, KIDAGOOR P.O,
             ANGAMALY, ERNAKULAM DISTRICT-683 572.

             BY ADV WILSON URMESE
             BY SMT.VINITHA B., SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.01.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.25742 OF 2021

                                       -: 2 :-


                                   JUDGMENT

Dated this the 12th day of January, 2022 This writ petition is filed seeking the following reliefs :-

"(i) To issue a Writ of Mandamus order or direction commanding the respondent Nos.1 and 2 to implement Exhibit P4 and P6.

(ii) To issue a Mandamus, Order or direction commanding the respondent Nos.1 and 2 to demolish the construction, deviating Building Rule."

2. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the 2 nd respondent Panchayat. Though notice is duly served on the 3 rd respondent, there is no appearance for the 3rd respondent.

3. The learned counsel for the petitioner submits that Exts.P4 and P6 notices had been issued to the 3 rd respondent by the Panchayat, but further follow up action has not been taken thereafter.

4. The learned counsel appearing for the 2 nd respondent submits that pursuant to filing of this writ petition, further notice had been issued on 26.11.2021 to the 3 rd respondent asking him to demolish the unauthorised construction within seven days. It is submitted that further follow up action had not been taken only due to the pendency of this writ petition. WP(C) NO.25742 OF 2021 -: 3 :-

5. Having heard the learned counsel appearing for the parties, I am of the opinion that further follow up action is liable to be taken, in accordance with law, by the 2nd respondent.

There will, accordingly, be a direction to the 2 nd respondent to take further action, in accordance with law, on Exts.P4 and P6 and the notices thereafter issued to the 3 rd respondent, without further delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/12.1.2022 WP(C) NO.25742 OF 2021 -: 4 :- APPENDIX OF WP(C) 25742/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PHOTO GRAPH SHOWING THE UNAUTHORIZED CONSTRUCTION OF SHED.

Exhibit P2 TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED 10.08.2020. Exhibit P3 TRUE COPY OF REPORT NO.HDR/LSGD/TVR/2020-21 DATED 8.10.2020 SUBMITTED BY THE ASSISTANT ENGINEER LSGD.

Exhibit P4 TRUE COPY OF THE ORDER NO. A7/2490/2020 DATED 30.12.2020 ISSUED BY THE SECOND RESPONDENT. Exhibit P5 TRUE COPY OF THE ORDER NO. A7/775/2021 DATED 28.09.2021 ISSUED BY THE SECOND RESPONDENT. Exhibit P6 TRUE COPY OF THE ORDER NO. DDP-EKM/232/2021-C3 DATED 15.4.2021 ISSUED BY THE FIRST RESPONDENT.

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