IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 27105 of 2008(B) -------------------------- PETITIONER: --------------- K.M.MOHAMMED, S/O. ABBAS, K.M.MANZIL, P.H.C. ROAD, KUMBLA KASARAGOD DISTRICT. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN RESPONDENT(S): --------------- 1. THE KUMBLA GRAMA PANCHAYAT, REPRESENTED BY ITS PRESIDENT, KUMBLA, KASARAGOD DISTRICT. 2. THE SPECIAL GRADE SECRETARY, KUMBLA GRAMA PANCHAYAT, KASARAGOD DISTRICT. 3. N.ABDULLA, S/O, ADTHOP MOHAMMED, KUNTANKARADKA HOUSE, KUMBLA, KASARAGOD 671321. 4. BADRUNNISA, W/O. N.ABBAS, C.H.C. ROAD, KUMBLA, KASARAGOD 671 321. ADV. SRI.BECHU KURIAN THOMAS FOR R1 & 2 SRI.D.KRISHNA PRASAD FOR R3 & 4 SMT.O.K.SANTHA FOR R3 & 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.27105/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE JUDGMENT OF THIS COURT IN OP.NO.1798/2003 DT.9.11.2006.. EXT.P2: TRUE COPY OF THE JUDGMENT IN W.P.(C)No.28647/07 DATED 27.9.07. EXT.P3: TRUE COPY OF REPRESENTATION MADE BY THE PETITIONER WITH SKETCH DATED 22.11.07. EXT.P4: TRUE COPY OF INFORMATION FURNISHED BY THE VILLAGE OFFICER, KOIPADY DT.9.1.2008. EXT.P5: TRUE COPY OF ORDER DATED 21.12.2007 ISSUED BY THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF STAY PETITION FILED BY THE 3RD RESPONDENT WITH INTERIM ORDER DT.31.12.2007. EXT.P7: TRUE COPY OF ORDER OF THE KUMBLA GRAMA PANCHAYAT DT.30.1.08. EXT.P8: TRUE COPY OF REPORT OF THE SECRETARY, KUMBLA GRAMA PANCHAYAT DATED 4.3.08. EXT.P9: TRUE COPY OF ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT DT.2.5.08. EXT.P10: TRUE COPY OF REPRESENTATION BY THE PETITIONER BEFORE KUMBLA GRAMA PANCHAYAT. ANNEXURE-A: TRUE COPY OF LETTER FROM THE SECRETARY, KUMBLA GRAMA PANCHAYAT TO THE PETITIONER DT.3.6.09.. ANNEXURE-B: TRUE COPY OF LETTER FROM THE SECRETARY , KUMBLA GRAMA PANCHAYAT TO THE PETITIONER DT.3.6.09. ANNEXURE C: TRUE COPY OF ORDER ISSUED BY THE RESPONDENT NO.1. ANNEXURE D: TRUE COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT TO RESPONDENTS 3 AND 4 DT.24.4.09. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.27105 Of 2008 P ----------------------------------------------------- DATED THIS THE 22nd DAY OF SEPTEMBER, 2010 JUDGMENT The petitioner herein seeks for a direction to the 2nd respondent to initiate fresh action against respondents 3 and 4 for the illegal construction of their building in R.S.No.113/10B of Koipady Village under Section 235W of the Kerala Panchayat Raj Act. 2. It is evident from the pleadings that the Panchayat had issued an order directing demolition of certain portion of the building which was challenged in Appeal No.541/09 before the Tribunal for Local Self Government Institutions by respondents 3 and 4 herein. The Tribunal after hearing parties remanded the mater for fresh consideration. Thereafter a fresh order was issued by the Secretary of the Panchayat which was also challenged in Appeal No.359/10. A copy of the order passed therein was produced herein as per memo dated 16.9.2010 by the learned counsel appearing for respondents 3 and 4. The Tribunal allowed the appeal and set aside the order dated 31.3.2010 of the Secretary of the Panchayat. The Secretary of W.P.(C)No.27105/08 -2- the Panchayat is directed to conduct a proper local inspection and verify whether there is any violation under Section 220(b) of the Kerala Panchayat Raj Act and to prepare a detailed report and sketch specifically and clearly showing the portions of the building, if any, violating Section 220(b) of the Kerala Panchayat Raj Act and to initiate fresh proper proceedings under section 235 (w) of the Kerala Panchayat Raj Act within two months from the date of the order. In the light of the subsequent order passed by the Tribunal, the same will govern the rights of the parties and recording the same, the Writ petition is disposed of. No costs. SD/- (T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A. to Judge