IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24582 of 2010(W)
1. SMT.NIRMALA RAJAN, W/O.RAJAN VARGHESE,
... Petitioner
Vs
1. NATTAKAM GRAMA PANCHAYATH,
... Respondent
For Petitioner :SRI.TOM K.THOMAS
For Respondent :SRI.C.S.SUNIL
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :11/08/2010
O R D E R
T.R.RAMACHANDRAN NAIR,J.
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W.P.(C)No.24582 of 2010
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DATED THIS THE 11th DAY OF AUGUST, 2010
JUDGMENT
This Writ Petition is filed by the petitioner challenging
Exhibit P2 communication issued by the Panchayat directing to
stop the construction and demolish illegal constructions.
2. The petitioner is the Director of an Educational
Society. The Society constructed a building for starting an
Engineering College. It appears that there was a complaint
before the learned Ombudsman for Local Self Government
Institutions, wherein Exhibit P1 order was passed. Therein the
Panchayat was directed to verify whether any illegal construction
has been found and if so issue notice to the counter petitioner
therein, who is the husband of the petitioner herein and after
considering the reply the final orders have been passed.
3. Evidently, Exhibit P2 has been passed, according to
the petitioner, without issuing notice to the petitioner and without
conducting a hearing also.
4. The learned counsel for the Panchayat submitted that
the Panchayat is prepared to reconsider the matter after
W.P.(C)No.24582/10 -2-
considering the objections of the petitioner also.
5. Therefore, Exhibit P2 will be treated as a notice. The
petitioner will file objections within a period of two weeks and
thereafter the petitioner or her representative as well as the
complainant before the learned Ombudsman will be heard by the
respondent and appropriate final orders shall be passed as
expeditiously as possible.
The Writ Petition is disposed of as above.
T.R.RAMACHANDRAN NAIR, JUDGE.
dsn