Appeals arising from an order implementing a Panchayath's final directive to remove unauthorized construction. The Court held that pending civil litigation regarding boundary demarcation does not halt administrative proceedings if no interim relief was sought and statutory formalities were complied with.
Writ Appeals dismissed; implementation of Ext. P5 order upheld.
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 THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936
WA.No. 387 of 2015 () IN WP(C).17195/2014
------------------------------------------AGAINST THE JUDGMENT IN WP(C) 17195/2014 of HIGH COURT OF KERALA DATED 13-10-2014
APPELLANT(S)/3RD RESPONDENT:
N.C.VIJAYAN
S/O.CHATHANNIKATHITHARA HOUSE, NAYARAMBALAM P.O ERNAKULAM DISTRICT-682509
BY ADVS.SRI.M.SHAJU PURUSHOTHAMAN
SRI.K.S.RAJESH
SRI.M.SUKUMARAN
RESPONDENT(S)/PETITIOENR IN WP/RESPONDENTS 1 & 2 IN WP:
S/O.JOSEPH, KATTUPARAMBIL, NAYARAMBALAM.P.O ERNAKULAM DISTRICT- 682509
R3 BY ADV. SRI.K.N.CHANDRABABU
BY GOVERNMENT PLEADER SRI. P.I. DAVIS
ADV.SRI. C.P. PEETHAMBARAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17-03-2015, ALONG WITH WA. 335/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN , Ag. CJ, &
A.M.SHAFFIQUE, J.
Writ Appeal Nos. 387 & 335 of 2015
Dated this the 17th day of March, 2015
JUDGMENT
Ashok Bhushan, Ag.CJ.
These two appeals have arisen out of a common judgment in W.P. ( C) Nos. 17195 & 21921 of 2014. W.P.C. No. 17195/2014 is filed by K.J. Francis to implement Ext. P6 order dated 11-4-2014 (Ext. P5 in W.P. (C) No. 21921/2014) and to remove the illegal construction made by the third respondent, who is the appellant herein.
seeking to quash Exts. P4 and P5 which are provisional and final orders issued by the Grama Panchayath calling upon the petitioner to remove the unauthorised construction and to
Writ Appeal Nos. 387 & 335 of 2015 2
demolish the same. Ext. P5 is the final order dated 11-4-2014 by which the petitioner was called upon to remove the unauthorised construction put up by him.
Writ Appeal Nos. 387 & 335 of 2015 3
contentions found that there was no reason to challenge Ext. P5 as the petitioner had not availed of the appellate remedy under the statutory provisions. That apart, it was found that filing of the suit O.S. No. 362/2014 before the Munsiff's Court, Kochi, will not preclude the local authority to proceed in accordance with the statutory provisions.
is argued that the appellant had not encroached into any area of the property belonging to the respondent and this fact can be found out only if the property is measured and the boundaries are fixed. Therefore, it is argued that until fixation of boundary is done in accordance with the statutory provisions, there is no
Writ Appeal Nos. 387 & 335 of 2015 4
reason to implement Ext. P5.
petitioner did not take any steps to challenge Ext. P5 order. When a Writ Petition was filed for implementing Ext. P5 order and after entering appearance in the case, the suit was filed. No interim order has been passed by the Civil Court even as on date. Under such circumstances, it is argued by the learned counsel
appearing for the private respondents that there is no reason to interfere with the impugned judgment.
Writ Appeal Nos. 387 & 335 of 2015 5
order has been passed. Though the appellant has filed a civil suit, he did not feel it necessary to obtain appropriate interim orders from the civil court. If the petitioner has a case that he has not encroached into any area and that the boundary has been wrongly fixed by the Grama Panchayath, necessarily the petitioner is to obtain appropriate interim orders from the civil Court. In so far as the Panchayath has passed Ext. P5 order after complying with all the statutory formalities, it may not be possible for this Court to interfere with the said order as there is no violation of natural justice nor any illegality is made out.
The Appeals are hence dismissed. However, we make it
Writ Appeal Nos. 387 & 335 of 2015
6
clear that it shall be open for the appellant to approach the civil
court for obtaining appropriate orders in this regard.
Sd/- ASHOK B HUSHAN , Ag. CHIEF JUSTICE
Sd/- A.M.SHAFFIQUE, JUDGE
ani/
/true copy/
P.S. to Judge
2 issues framed by the court
Whether pendency of a civil suit seeking boundary demarcation prevents the Panchayath from proceeding to implement a final order for removal of unauthorized construction.
Whether the Single Judge erred in dismissing the writ petition against the final order of the Grama Panchayath without considering natural justice violations.
1 provisions across 1 enactments
N.C. Vijayan
K.J. Francis
The Deputy Director of Panchayats, Ernakulam
The Secretary, Nayarambalam Grama Panchayath
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
