Disposed

Denny Varghese v. the Secretary, Aloor Gramapanchayath

Kerala HC18 Dec 2020WP(C)/21825/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition concerning unauthorized construction by the school manager. The court directed the Panchayat Secretary to initiate action under Section 235W of the Kerala Panchayat Raj Act, 1994 if compliance with prior directions is not achieved within one month.

What did the court decide?

Directed Secretary, Aloor Gramapanchayat to initiate action under Section 235W of Kerala Panchayat Raj Act, 1994 within one month if unauthorized construction remains.

Denny Varghese Vs the Secretary, Aloor Gramapanchayath — Property and Title | Kerala HC (2020)

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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 P.B.SURESH KUMAR

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FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942

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WP(C).No.21825 OF 2020(C)

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PETITIONER/S:

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DENNY VARGHESE, AGED 39 YEARS, S/O. KANNUKUNNI VARGHESE, KALLETTUMKARA VILLAGE, CHALAKUDY TALUK, KALLETTUMKARA P. O., PIN - 680 683.

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BY ADVS. SRI.P.B.KRISHNAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SMT.B.ANUSREE SRI.MANU VYASAN PETER SMT.MEERA P.

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RESPONDENT/S:

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1 THE SECRETARY, ALOOR GRAMAPANCHAYATH KALLETTUMKARA P. O., THRISSUR DISTRICT, PIN - 680 683.

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2 THE DISTRICT EDUCATION OFFICER, DISTRICT EDUCATIONAL OFFICE, IRINJALAKKUDA, THRISSUR DISTRICT, PIN - 680 121.

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3 THE MANAGER, B. V. M. HIGH SCHOOL, KALLETTUMKARA P. O., THRISSUR DISTRICT, PIN - 680 683.

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WP(C).No.21825 OF 2020

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4 THE CATHOLIC EDUCATION TRUST PVT. LTD., KALLETTUMKARA, REPRESENTED BY THE MANAGING DIRECTOR, CHAKKUNNY, S/O. KALLIVALAPPIL ANTHONY, KALLETTUMKARA VILLAGE, CHALAKUDY TALUK, THRISSUR - 680 683.

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R1 BY ADV. SRI.PHILIP T.VARGHESE R3 & R4 BY ADV. SRI.G.SREEKUMAR (CHELUR)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.21825 OF 2020

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W.P.(C)No.21825 of 2020

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JUDGMENT

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The grievance of the petitioner in the writ petition concerns the unauthorised construction undertaken by the third respondent as referred to in the writ petition. It is seen that in terms of Ext.P11, the first respondent, the Secretary of the Aloor Grama Panchayat has called upon the third respondent to remove the unauthorised construction referred to therein. The specific case of the petitioner is that the directions in Ext.P11 have not been complied with by the third respondent, and nevertheless no further action is being taken by the first respondent. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.

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Heard the learned counsel for the first respondent as also the learned counsel for the third respondent.

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The learned counsel for the third respondent submitted that he has also filed a writ petition concerning the same subject matter. It is however, conceded by the third respondent that there is no interim order in the said writ petition.

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In the circumstances, I deem it appropriate to dispose of the writ petition directing that, if the direction contained in Ext.P11 has not been complied with by the third respondent, action shall be initiated by

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WP(C).No.21825 OF 2020

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the first respondent against the third respondent as provided for under Section 235W of the Kerala Panchayat Raj Act, 1994. Ordered accordingly. This shall be done within one month from the date of production of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition for compliance before the first respondent.

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Sd/-

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P.B.SURESH KUMAR, JUDGE

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rkj

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WP(C).No.21825 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE APPLICATION DATED 23.12.2020 SUBMITTED BY MANAGER, BVMHS, KALLETTUMKARA.
EXHIBIT P2	TRUE COPY OF THE LETTER DATED 30.12.2019 ISSUED BY THE ASST. ENGINEER, BUILDING SECTION, ALOOR GRAMA PANCHAYATH.
EXHIBIT P3	TRUE COPY OF THE ORDER DATED 04.01.2020 ISSUED BY THE DISTRICT EDUCATION OFFICER, IRINJALAKKUDA.
EXHIBIT P4	TRUE COPY OF THE COMPLAINT DATED 08.01.2020 SUBMITTED BY THE VICAR, INFANT JESUS CHURCH, KALLETTUMKARA BEFORE THE SECRETARY, ALOOR GRAMA PANCHAYATH.
EXHIBIT P5	TRUE COPY OF THE RELEVANT PORTION OF I.A.NO.1 OF 2020 IN R.F.A NO.240 OF 2015 BEFORE THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P6	TRUE COPY OF THE ORDER DATED 28.02.2020 IN R.F.A NO.240 OF 2015 BEFORE THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P7	TRUE COPY OF THE APPLICATION DATED 04.03.2020 SUBMITTED BY RESPONDENT NO.3.
EXHIBIT P8	TRUE COPY OF THE LETTER NO.1/AE/ALR/GEN/19-20 DATED 11.05.2020.
EXHIBIT P9	TRUE COPY OF THE ORDER NO.B6-2083/20 DATED 22.06.2020 PASSED BY THE DISTRICT EDUCATION OFFICER, IRINJALAKKUDA.
EXHIBIT P10	TRUE COPY OF THE COMPLAINT DATED 10.07.2020 SUBMITTED BY THE VICAR, INFANT JESUS CHURCH, IRINJALAKKUDA BEFORE THE RESPONDENT NO.1.
EXHIBIT P11	TRUE COPY OF THE ORDER A4-4308/2020 DATED 15.07.2020 ISSUED SECRETARY, ALOOR GRAMA PANCHAYATH.

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WP(C).No.21825 OF 2020

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EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 05.10.2020 SUBMITTED BEFORE THE SECRETARY, ALOOR GRAMA PANCHAYATH.

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EXHIBIT P13 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT NO.400739/BAUV01/GENERAL/2020/85 DATED 07.10.2020 ISSUED FROM ALOOR GRAMA PANCHAYATH OFFICE.

Denny Varghese v. the Secretary, Aloor Gramapanchayath

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Denny Varghese v. the Secretary, Aloor Gramapanchayath

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