IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 3016 of 2008(H)
1. JOHN.S.PAUL, S/O. LATE J.W.PAUL ,
... Petitioner
Vs
1. THE THRIKKAKARA GRAMA PANCHAYATH,
... Respondent
2. THE SECRETARY (SPECIAL GRADE),
3. SEENATH BEEVI, AGED ABOUT 50 YEARS,
For Petitioner :SRI.JOBY JACOB PULICKEKUDY
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :28/01/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
-------------------------------
W.P(C) No. 3016 OF 2008
-----------------------------------
Dated this the 28th day of January, 2008
JUDGMENT
Having regard to the directions being issued hereunder,
notices to the respondents are dispensed with preserving their
right to move for review of this judgment, if so aggrieved.
2. The impugned Ext.P6 does not show that any prior
opportunity to show case was issued to the petitioner. It also does
not contain any allegation that the petitioner has violated any
building permit or any approved plan. It is also shown that there
are disputes between the parties.
Under such circumstances, this writ petition is disposed of
directing that Ext.P6 shall be treated as a show cause notice, to
which the petitioner will file reply within a period of four weeks from
now and if such reply is given, the same shall be decided upon
after hearing the petitioner and the third respondent If the decision
is against the interest of either of them, the second respondent
shall pass an order showing reasons because the parties can then
pursue remedies under the Panchayat Raj Act. Until a decision is
WPC No. 3016 of 2008
2
taken as directed above and communicated to the parties, no
action shall be proceed on the basis of Ext.P6.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE
btt
WPC No. 3016 of 2008
3