In a writ petition, the High Court of Kerala directed the Vallikunnam Grama Panchayath to expeditiously implement its resolutions concerning the demolition of unauthorized structures allegedly constructed by an individual respondent.
The Panchayath is directed to take steps for the expeditious implementation of Exts.P8 and P11.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
THURSDAY, THE 26TH DAY OF JULY 2012/4TH SRAVANA 1934
WP(C).No. 8805 of 2012 (A)
PETITIONER(S):
SAMUEL KUTTY, AGED 63 YEARS S/O. MATHUNNI, SANJU VILLA, PUTHENCHANTHA.P.O. VALLIKUNNAM.
BY ADVS.SMT.ASHA ELIZABETH MATHEW
SRI.NIRMAL V NAIR
RESPONDENT(S):
ALAPPUZHA DISTRICT-688001.
ADDL.R2
BY ADV. SRI.R.SUNIL KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).8805/12
APPENDIX
PETITIONER(S) EXHIBITS
EXT.P1TRUE COPY OF THE REPRESENTATION DATED 12-7-2010 SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER CHENGANNUR.
EXT.P2TRUE COPY OF THE FORWARDING LETTER DATED 7-8-2010 ISSUED BY THE REVENUE DIVISIONAL OFFICER, CHENGANNUR TO THE VILLAGE OFFICER, VALLIKUNNAM.
EXT.P3TRUE COPY OF THE MAHAZAR DATED 24-9-2010 PREPARED BY THE VILLAGE OFFICER VALLIKUNAM.
EXT.P4TRUE COPY OF THE LOCATION SKETCH DATED 24-9-2010 PREPARED BY THE VILLAGE OFFICER, VALLIKUNNAM.
EXT.P5TRUE COPY OF THE REPORT DATED 24-9-2010 SUBMITTED BY THE VILLGE OFFICER, VALLIKUNNAM TO THE REVENUE DIVISIONAL OFFICER, CHENGANNUR ALONG WITH EXHIBITS P3 & P4.
EXT.P6TRUE COPY OF THE LETTER DATED 27-9-2010 ISSUED BY THE ADDL. TAHASILDAR, MAVELIKKARA TO THE RESPONDENT.
EXT.P7TRUE COPY OF THE LETTER DATED 28-9-2010 ISSUED NBY THE ADDL. TAHSILDAR, MAVELIKKARA TO THE REVENUE DIVISIONAL OFFICER, CHENGANNUR.
EXT.P8TRUE COPY OF THE DECISION NO. VII OF THE RESPONDENT PANCHAYAT COMMITTEE IN ITS MEETING HELD ON 7-12-2010.
EXT.P9TRUE COPY OF THE LETTER DATED 8-12-2010 ISSUED BY THE SECRETARY OF THE RESPONDENT PANCHAYAT TO THE ADDL. TAHSILDAR MAVELIKKARA.
EXT.P10 TRUE COPY OF THE REPRESENTATION DATED 17-1-2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.
EXT.P11 TRUE COPY OF THE MINUTES OF THE EXTRAORDINARY MEETING OF VALLIKUNNAM GRAMA PANCHAYATH COMMITTEE HELD ON 19-4-2011.
EXT.P12 TRUE COPY OF THE REPRESENTATION DATED 22-2-2012 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.
/true copy/
P.A. To Judge
ANTONY DOMINIC, J
W.P.(C).8805/2012
Dated this the 26th day of July, 2012
JUDGMENT
The main prayer sought in the writ petition is a direction to demolish certain unauthorised structures allegedly constructed by the additional second respondent. It is seen that the Panchayat has already taken such a decision as per Exts.P8 and P11 resolutions. Therefore, what is now needed is the implementation of such resolutions by the Panchayat.
Therefore, directing that the Panchayat will take steps for implementation of Ext.P8 and P11 as
W.P.(C).8805/12
2
expeditiously as possible, the writ petition is
disposed of.
Sd/- ANTONY DOMINIC, JUDGE
mrcs
/true copy/ PA To Judge
1 issue framed by the court
Whether the Panchayat must be directed to implement its resolutions regarding unauthorized structures.
SAMUEL KUTTY
VALLIKUNNAM GRAMA PANCHAYATH
P.K.GOPALAN
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
