In a writ petition, the petitioner sought to stop demolition of a building on puramboke land. The Court held that the 2nd respondent (Panchayat) must issue a notice and hear the petitioner before taking any action.
The 2nd respondent shall take action against the petitioner only after giving notice and after hearing the petitioner.
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 A.M.SHAFFIQUE
MONDAY, THE 6TH DAY OF FEBRUARY 2017/17TH MAGHA, 1938
WP(C).No. 3225 of 2010 (C)
PETITIONER(S):
YESUDAS, S/O. CHELLAPPAN, POURNAMI ARTS, KURUNKUTY, PARASSALA.P.O.,, NEYYATTINKARA, THIRUVANANTHAPURAM.
BY ADV. SRI.D.VIJAYAKUMAR
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. PARSSALA GRAMA PANCHAYAT,
REP. BY ITS SECRETARY, PANCHAYATH OFFICE,, PARASSALA.
3. TAHSILDAR, TALUK OFFICE, NEYYATTINKARA.
4. VILLAGE OFFICER, PARASSALA.
5. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
R2 BY ADV. SRI.M.SREEKUMAR BY GOVERNMENT PLEADER SMT. MABLE C.KURIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.3225/10
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1: RELEVANT EXTRACT OF BASIC TAX REGISTER.
EXT.P2: PHOTOCOPY OF THE INTIMATION SENT BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT.
EXT.P3: PHOTOCOPY REPORT OF THE 4TH RESPONDENT ALONG WITH MAHAZAR AND SKETCH.
EXT.P4: TRUE PHOTOCOPY OF THE STATEMENT SUBMITTED BY THE PETITIONER.
EXT.P5: TRUE PHOTOCOPY OF THE REPRESENTATION DATED 14/1/2010 SUBMITTED BY THE PETITIONER.
//True Copy//
PS to Judge
Rp
A.M. SHAFFIQUE, J.
=============== W.P. (C) No. 3225 of 2010
==================
Dated this, the 6th day of February, 2017
J U D G M E N T
Petitioner seeks for a direction to the 2nd respondent not to demolish the building situated in puramboke land comprised in Re.Sy.No.9/18 in Block No.50 of Parassala Village.
Having regard to the aforesaid fact situation, I am of the view that this writ petition can be disposed of as under:-
The 2nd respondent shall take action against the petitioner
only after giving notice and after hearing the petitioner.
Sd/-
A.M. SHAFFIQUE, JUDGE
Rp
//True Copy//
P.S to Judge
1 issue framed by the court
Whether the petitioner should be given notice and a hearing before the 2nd respondent takes action against him.
YESUDAS, S/O. CHELLAPPAN
PARSSALA GRAMA PANCHAYAT, REP. BY ITS SECRETARY
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
