Disposed

T.Janardhanan v. State of Kerala

Kerala HC12 Nov 2018WP(C)/13096/2018

Case brief

AI extract

What is this about?

The High Court of Kerala heard two connected writ petitions regarding a building construction notice issued by the Panchayath Secretary. The Court directed the Secretary to finalize proceedings under Sections 235(2) and 235(3) of the Kerala Panchayat Raj Act, 1994, including hearing the petitioners, within two months, while considering prior court directions.

What did the court decide?

Directions to the Secretary of the Panchayath to finalize proceedings under Sections 235(2) and 235(3) of the Act by hearing the petitioners and complying with prior court directions within two months

T.Janardhanan Vs State of Kerala — Writ and Judicial Review | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY ,THE 12TH DAY OF NOVEMBER 2018 / 21ST KARTHIKA, 1940

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WP(C).No. 13096 of 2018

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PETITIONER/S:

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T.JANARDHANAN AGED 75 YEARS 'GOWRI NIVAS', PERUMAL KOVIL GRAMAM, KOLLENGODE II VILLAGE,KOLLENGODE, PALAKKAD 678506.

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BY ADVS. SRI.B.RAGUNATHAN SRI.M.SALIM SRI.V.M.JACOB

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,LOCAL SELF GOVERNMENT DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM695001.

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2 DIRECTOR OF PANCHAYATHS PUBLIC OFFICE COMPLEX,THIRUVANANTHAPURAM-695001

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3 DEPUTY DIRECTOR OF PANCHAYATS PALAKKAD-678014.

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4 KOLLENGODE GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY,KOLLENGODE GRAMA PANCHAYATH,KOLLENGODE, PALAKKAD 678506.

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5 SHRI P GANGADHARAN S/O.LATE PAZHANIMALA, AGED 77 YEARS,SREE RAGAM HOUSE,P K VILLAGE, KOLLENGODE,PALAKKAD, 678506.

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BY ADVS. SMT.RAJI.T.BHASKAR,GP SRI.SYAM.J.SAM,SC SRI.T.C.SURESH MENON

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.11.2018,ALONG WITH WP(C) NO. 33746/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 13096 of 2018 & CON.CASES 2

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JUDGMENT

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The captioned writ petitions are materially

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connected in respect of a building constructed by the petitioner in W.P.(c) No.33746/2016. Therefore, I heard them together and proposed to pass a common judgment.

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challenging Ext.P6 order passed by the Secretary of

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the Panchayath under 235 w(1) of the Kerala

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Panchayat Raj Act, 1994(the Act), pursuant to a

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direction issued by this Court as per Ext.P5

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judgment in W.P.(c) No. 23325/2010 dated

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20.06.2016.

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neighbour of the petitioner in the other writ

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petition contending that there is violation of the

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building rules when the petitioner carried out

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construction of building and therefore seeks implementation of Ext.P6 order passed by the

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WP(C).No. 13096 of 2018 & CON.CASES 3

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Secretary of the Panchayath.

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I have heard learned counsel for the

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petitioner,learned Government Pleader as well as the learned counsel appearing for the Panchayath,

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perused the pleadings and documents on record. The question revolves around Ext.P6 order passed by the

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Secretary of the Panchayath in W.P.(c) No. 33746/2016. On a reading of Ext.P6, what I could gather is that, it is a notice issued under 235 w(1), which will have to attain a finality, after issuing a notice under 235 w(2) and 235 W(3).

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Therefore in my considered view, the writ petitions are to be disposed of with appropriate directions. There will be a direction to the Secretary of the Panchayath, to finalise the proceedings in accordance with 235 W(2) and 235 W(3) of the Act, after hearing the petitioners in the writ petitions, and attain finality to the same, and at any rate, within two months from the date of receipt of a copy of this judgment. I make it clear that in that process the directions contained in Ext.P5 judgment

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WP(C).No. 13096 of 2018 & CON.CASES 4

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specified above, shall also be taken into account.

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These writ petitions are disposed of,

accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

hmh

WP(C).No. 13096 of 2018 & CON.CASES 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REPORT OF THE COMMISSION DATED 30.9.2014 EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 20.6.2016 IN WPC NO.23325 OF 2010-M EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 13.7.2016 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 5.10.2016 OF THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 15.10.2016 EXHIBIT P6 TRUE COPY OF THE COUNTER AFFIDAVIT WPC 33746/16 DATED 16.11.2016 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 12.10.2017 IN WPC NO.33746 OF 2016-P

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RESPONDENT'S EXHIBITS NIL

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//True copy//

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PA to Judge

T.Janardhanan v. State of Kerala

Case brief

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T.Janardhanan v. State of Kerala

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