IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 24582 of 2010(W) -------------------------- PETITIONER: --------------- SMT.NIRMALA RAJAN, W/O.RAJAN VARGHESE, AGED 55 YEARS, DIRECTOR, ST.MARY'S CHRISTIAN EDUCATIONAL SOCIETY, PANAKKAMATTATHIL, PAKKIL PO, KOTTAYAM. BY ADV. SRI.TOM K.THOMAS RESPONDENT: --------------- NATTAKAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MARIYAPALLY P.O., KOTTAYAM 686 023. ADV. SRI.C.S.SUNIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.24582/10 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE ORDER DATED 16.7.10 IN COMPLAINT NO.857/10 BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS. EXT.P2: TRUE COPY OF NOTICE NO.C1.210/10 DATED 30.7.10 ISSUED BY THE NATTAKAM GRAMA PANCHAYAT. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.24582 of 2010 ----------------------------------------------------- DATED THIS THE 11th DAY OF AUGUST, 2010 JUDGMENT This Writ Petition is filed by the petitioner challenging Exhibit P2 communication issued by the Panchayat directing to stop the construction and demolish illegal constructions. 2. The petitioner is the Director of an Educational Society. The Society constructed a building for starting an Engineering College. It appears that there was a complaint before the learned Ombudsman for Local Self Government Institutions, wherein Exhibit P1 order was passed. Therein the Panchayat was directed to verify whether any illegal construction has been found and if so issue notice to the counter petitioner therein, who is the husband of the petitioner herein and after considering the reply the final orders have been passed. 3. Evidently, Exhibit P2 has been passed, according to the petitioner, without issuing notice to the petitioner and without conducting a hearing also. 4. The learned counsel for the Panchayat submitted that the Panchayat is prepared to reconsider the matter after W.P.(C)No.24582/10 -2- considering the objections of the petitioner also. 5. Therefore, Exhibit P2 will be treated as a notice. The petitioner will file objections within a period of two weeks and thereafter the petitioner or her representative as well as the complainant before the learned Ombudsman will be heard by the respondent and appropriate final orders shall be passed as expeditiously as possible. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn