P.B.Shakkeela vs Paipra Grama Panchayath on 11 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33701 of 2007(K)


1. P.B.SHAKKEELA, W/O.SHAJAHAN, MYLOOR
                      ...  Petitioner

                        Vs



1. PAIPRA GRAMA PANCHAYATH,
                       ...       Respondent

2. THE ASSISTANT EXECUTIVE ENGINEER,

3. THE EXECUTIVE ENGINEER,

4. THE SUB INSPECTOR OF POLICE,

5. STATE OF KERALA, REPRESENTED BY

6. SMT.BEENA SAINUDEEN, SURYAKALAYIL

                For Petitioner  :SRI.K.JAJU BABU

                For Respondent  :SRI.JOSE J.MATHAIKAL

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :11/01/2008

 O R D E R
                           PIUS C. KURIAKOSE, J.
                            -------------------------------
                          W.P.(C) No. 33701 OF 2007
                          -----------------------------------
                   Dated this the 11th day of January, 2008

                                   JUDGMENT

The grievance which is voiced by the petitioner is that the 6th

respondent is constructing a building ignoring Exts.P2 and P4 orders

issued by the Panchayat and Ext.P7 letter issued by the National

Highway Authority. The Panchayat through its counter affidavit has also

endorsed the allegation and stated that the constructions which have

been made by the 6th respondent are illegal. The 6th respondent through

his counter affidavit has undertaken that no further constructions will be

made. The above undertaking is recorded and the 6th respondent is

restrained from carrying out any further constructions. As for the

constructions already made, which are found by the Panchayat to be

illegal, it is seen that the final demolition order is yet to be passed by the

Panchayat in the light of the objections, if any, filed by the 6th respondent

and other relevant materials including the letter of the engineer of the

National Highway Authority. Therefore, the Writ Petition will stand

disposed of directing the 1st respondent Panchayat to hear the 6th

respondent and the petitioner and pass final orders on the question of

removal of the constructions already made by the 6th respondent. The

final orders, as directed above, will be passed by the Panchayat, at the

WPC No. 33701 of 2007
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earliest and at any rate, within one month of receiving copy of this

judgment.

PIUS C. KURIAKOSE, JUDGE
btt

WPC No. 33701 of 2007
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