Balakrishnan vs Cheranalloor Grama Panchayath on 20 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5566 of 2007(K)


1. BALAKRISHNAN, S/O.NEELAKANTAN,
                      ...  Petitioner

                        Vs



1. CHERANALLOOR GRAMA PANCHAYATH,
                       ...       Respondent

2. ASOKAN, S/O.NARAYANAN,

                For Petitioner  :SRI.K.P.VIJAYAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :20/02/2007

 O R D E R
                             PIUS C. KURIAKOSE, J.

                              -------------------------------

                            W.P.(C) No. 5566 OF 2007

                            -----------------------------------

                   Dated this the 20th day of February, 2007


                                     JUDGMENT

I do not propose to examine the merits of the matter. But to

Ext.P2 notice issued by the Panchayat, the petitioner has already

submitted Exts.P3 and P5 replies. Petitioner has a grievance that in

spite of Ext.P4 request, he has not been served with even a copy of the

complaint submitted by one Sri.Alathiriparambil Asokan, on the basis of

which only Ext.P2 was issued.

2. Having regard to the various grounds raised and the

submissions of Sri.V.M. Syam Kumar, learned counsel for the petitioner,

I am of the view that at this stage itself and even without issuing notice

to the 2nd respondent-complainant, this Writ Petition can be disposed of

with the following directions:

The 1st respondent-Panchayat will furnish to the petitioner a copy

of the complaint submitted by the 2nd respondent as per Ext.P4 within

three days of the petitioner producing a copy of this judgment. Within

three weeks of serving a copy of that complaint to the petitioner, the

Panchayat will hear the petitioner as well as the 2nd respondent on

Exts.P3 and P5 and also the complaint of the 2nd respondent and take a

decision. Once decision is taken, both petitioner and the 2nd respondent

WPC No. 5566/2007

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will be informed of the same. Till such time as a decision is taken and

communicated to the petitioner and the 2nd respondent, the Panchayat

will not take any coercive steps for demolishing the structure which is

referred to in Ext.P2 notice.

The Writ Petition is disposed of as above.

PIUS C. KURIAKOSE, JUDGE

btt

WPC No. 5566/2007

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