IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 28956 of 2010(T) -------------------------- PETITIONER: --------------- K.V.RAJAN, KODIYANTHARA, CHENTHIROOR, CHERTHALA,ALAPPUZHA DISTRICT,PIN 688 547. BY ADV. SRI.S.D.ASOKAN RESPONDENTS: --------------- 1. K.K.ABDUL NAZER,S/O.KUTTYMOOSA, PEARL GARDENS,SONIA EXPORTERS,CHENTHIROOR, CHERTHALA,ALAPPUZHA DISTRICT,PIN 688 547. 2. THE SECRETARY, SPECIAL GRADE GRAMA PANCHAYAT, KUMBALANGHI, ERNAKULAM DISTRICT, PIN 682 007 (*R2 IS CORRECTED AS PER ORDER DT. 24.9.2010 IN I.A. NO.13066 OF 2010) * 2. SPECIAL GRADE GRAMA PANCHAYTH, AROOR, REP. BY ITS SECRETARY,AROOR, ALAPPUZHA DISTRICT. 3. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS,REPRESENTED BY ITS SECRETARY,TRIDA BUILDING,CHALAKUZHY ROAD, MEDICAL COLLEGE PO,THIRUVANANTHAPURAM 695 001. ADV. SRI.RAM MOHAN.G. FOR R1 SRI.G.P.SHINOD FOR R1 SRI.J.OM PRAKASH, SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28956/2010 APPENDIX PETITIONERS EXHIBITS: EXT.P1. COPY OF THE REPRESENTATION DT. 23.1.2010 FILED BEFORE THE 2ND RESPONDENT. EXT.P2. COPY OF THE ORDER OF DEMOLITION ISSUED BY THE 2ND RESPONDENT UNDER 235W(1) OF THE PANCHAYAT RAJ ACT DT. 15.6.2010. EXT.P3. COPY OF THE ORDER DT. 22.6.2010 IN I.A. NO.785/2010 IN APPEAL NO.543/2010 BY THE LSG TRIBUNAL. EXT.P4. COPY OF THE FINAL ORDER DT. 26.7.2010 IN APPEAL NO.543/2010 BY THE LSG TRIBUNAL. EXT.P5. COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT DT. 14.9.2010. /TRUE COPY/ PA TO JUDGE P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 28956 OF 2010 -------------------------- Dated this the 26thday of October, 2010 J U D G M E N T Heard the learned counsel on both sides. 2. The petitioner herein objected to the construction of a building being put up by the first respondent alleging that the construction is in violation of the approved plan thereby violating the provisions contained in the Kerala Municipality Building Rules, 1999. Acting on the said complaint, the Secretary of the Aroor Grama Panchayat issued Ext.P2 order of demolition under Section 235 W (1) of the Kerala Pachayat Raj Act. Aggrieved thereby, the first respondent filed Appeal No. 543 of 2010 before the Tribunal for Local Self Government Institutions. By Ext.P4 order passed on 26.7.2010, the Tribunal allowed the appeal, set aside Ext.P2 and directed the Secretary of Aroor Grama Panchayat to initiate fresh proceedings under Section 235 W of the Kerala Pachayat Raj Act without delay. In this writ petition, the petitioner challenges Ext.P4 mainly on the ground that before the said order was passed, he was not put on notice or heard. It is also contended that the Tribunal erred in not taking note of the various irregularities in the WPC No.28956/2010 2 construction. 3. When the writ petition came up for hearing today, Sri. J.Omprakash, learned standing counsel appearing for the Aroor Grama Panchayat submitted that the Secretary of Aroor Grama Panchayat will take a fresh decision in the matter after affording the petitioner and the first respondent a reasonable opportunity of being heard. In view of the said submission, I dispose of this writ petition with a direction to the Secretary of Aroor Grama Panchayat to take follow up action pursuant to Ext.P4 order passed by the Tribunal for Local Self Government Institutions after affording the petitioner and the first respondent a reasonable opportunity of being heard. A final decision in the matter shall be taken as expeditiously as possible and at any rate, within one month from the date of receipt of a copy of this judgment. P.N.RAVINDRAN, (JUDGE) vps WPC No.28956/2010 3 WPC No.28956/2010 4