IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WA.No. 768 of 2010 ---------------------- AGAINST THE JUDGEMENT IN WPC.30229/2009 Dated 12/01/2010 .................... APPELLANT/3RD RESPONDENT --------------------------------- THE PRESIDENT, MAVELIKKARA THEKKEKKARA GRAMA PANCHAYATH, PALLARIMANGALAM P.O., ALLEPPEY DISTRICT-690 107. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.GEORGE RAJU RESPONDENTS/PETITIONER & RESPONDENTS 1,2 4 ---------------------------------------------------------- 1. RAJI VARGHESE,S/O.M.J.VARGHESE,PULIPARA VEEDU, KOMALLOOR MURI,CHUNAKKARA VILLAGE,ALLEPPEY DISTRICT, PRESENTLY RESIDING AT 52 GLEANNARI,DURID VALLEY,CABIN TEELY,DUBLIN 18,IRELAND THROUGH HIS POWER OF ATTORNEY HOLDER SOLOMON BVARGHESE, S/O.M.J.VARGHESE,AGED 48 YEARS,RESIDING AT PULIPARA VEEDU,KOMALLOOR MURI,CHUNAKARA,ALLEPPEY DISTRICT. 2. MAVELIKKARA THEKKEKKARA GRAMA PANCHAYATH, PALLARIMANGALAM P.O., ALLEPPEY DISTRICT-690 107, THROUGH HIS SECRETARY. 3. THE SECRETARY, MAVELIKKARA THEKKEKKARA GRAMA PANCHAYATH, PALLARIMANGALAM P.O., ALLEPPEY DISTRICT-690 107. 4. AJAYAKUMAR K., GURUSATHANAM, THEKKEKKARA, KURATHIKAD P.O., MAVELIKKARA-690 107. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A. No.768 of 2010 ------------------------------------------ Dated this the 18th day of May, 2010 JUDGMENT J.Chelameswar, C.J. This appeal is preferred aggrieved by the judgment dated 12th January, 2010 in W.P.(C) No.30229 of 2009-W. 2. The writ petition itself came to be filed on an apprehension that the respondents are likely to demolish the existing structure or prevent completion of an existing construction. Such an apprehension eventually turned out to be justified in view of the issuance of Exts.R4(a) and R4(b). 3. The writ petitioner/first respondent herein is the current owner of the building in dispute. The said building was constructed in the year 1999. It is in two floors and construction of the ground floor was completed. In so far as the first floor is concerned, it appears that only the structure is completed, but it is W.A.No.768 of 2010 - 2 - not completed in all respects to render it fit for habitation. On the other hand, that part of the building which was completed and made fit for habitation is numbered by the Grama Panchayat and being assessed for building tax from the year 2001 onwards. 4. The first respondent herein purchased the said structure sometime in the year 2008. Having purchased the same, he started activity to complete the construction of the unfinished portion of the building, i.e. the first floor. It appears from the records that the first respondent also made an application on 20th September, 2009 seeking appropriate permission from the second respondent Grama Panchayat. The further factual details in the matter may not be necessary for the present purpose. The instant writ petition came to be filed on 23.10.2009. Though it is not clear from the records as to the exact date of the communication, a proceeding dated 15.10.2009 W.A.No.768 of 2010 - 3 - marked as Ext.R4(a) came to be issued by the Secretary of the second respondent Grama Panchayat, in substance, directing the first respondent herein to stop the construction and also demolish the portion already constructed. Relevant portion of the said proceeding reads as follows: “It has come to the notice of the Panchayat authorities that the said Reji Varghese has started some construction work above his existing building in his property situated in Kurathikad main road in Kurathikad Ward of the Mavelikara Thekkekkara Grama Panchayat. The said construction is being done in violation of the Kerala Municipality Building Rules, 1999. The said illegal construction is an offence punishable under Section 235B and 235W of the Kerala Panchayat Raj Act,1994. The said Reji Varghese is therefore directed to stop all such illegal construction activities and to demolish the portion already constructed within 15 days from the date of receipt of this order, failing which necessary legal action as per the provisions of the Kerala Panchayat Raj Act shall be initiated against him.” W.A.No.768 of 2010 - 4 - 5. Another proceeding [Ext.R4(b)] of the same date, i.e. 15.10.2009, also came to be issued, relevant portion of which reads as follows: “You are hereby informed to stop the construction of your building as per the permission granted to you under Rule 10(iii) of the Building Construction Rules. This notice is given under Section 235W of the Kerala Panchayat Raj Act. The permission given to you is also hereby cancelled.” 6. By the judgment under appeal, the learned Judge disposed of the writ petition with the following direction: “Accordingly the writ petition is disposed of directing that the Secretary to the Panchayat will reconsider the application made by the petitioner on 20.9.2009 for building permit and mentioned in Ext.P3 order and if the application is in order, grant building permit enabling the petitioner to convert the first floor of the building referred to above into rooms, without increasing its plinth area in any manner. Orders shall be passed as expeditiously as possible and at any rate W.A.No.768 of 2010 - 5 - within 2 weeks from the date of production of a copy of the judgment. Once order is passed as above, it will be open to the petitioner to commence construction on the 1st floor of the building, in accordance with law.” 7. Aggrieved by the same the present appeal is filed by the President of the Grama Panchayat. 8. We are also informed by the learned counsel for the appellant that subsequent to the judgment under appeal, the Secretary of the Grama Panchayat did consider the application of the first respondent herein in compliance with the direction in the judgment under appeal and issued building permit. Aggrieved by such action of the Secretary, the Grama Panchayat carried the matter in statutory appeal to the Tribunal for Local Self Government Institutions constituted under Section 271S of the Kerala Panchayat Raj Act, 1994. 9. Though various submissions are made by the learned counsel for the appellant regarding the correctness of the W.A.No.768 of 2010 - 6 - judgment under appeal, we do not propose to go into those submissions for the reason that eventually the issue in the writ petition turns out to be the legality of the two proceedings dated 15.10.2009 referred to above and relevant portion of which is already extracted. It can be seen from the extract of Et.R4(a) that it is absolutely a vague notice without indicating as to what exactly is the violation of law and consequentially calling upon the first respondent herein to stop the construction and also demolish that portion of the construction which was already carried out. The said proceeding is absolutely bald and vague and it would be impossible for anybody to understand as to what exactly is the violation of law for which a citizen like the first respondent is put to such a jeopardy. On this ground alone, in our view, the writ petition was required to be allowed. We, therefore, see no reason to interfere with the judgment under appeal. Apart from that, as already noticed, the judgment has W.A.No.768 of 2010 - 7 - already been complied with and the appellant has already availed the statutory appellate remedy against the decision of the Secretary of the Grama Panchayat. In the circumstances, we do not see any reason to entertain this writ appeal. The writ appeal is, therefore, dismissed at the admission stage. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns