The Court held that an impugned order issued by the Panchayat Secretary without assigning reasons was irrational. The writ petition was allowed by quashing Ext.P9 with directions to provide a hearing before initiating further action.
Quashing of Ext.P9 with direction to provide hearing before initiating further action.
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.
WP(C).No.72 OF 2020(H)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 05TH DAY OF FEBRUARY 2020 / 16TH MAGHA, 1941
WP(C).No.72 OF 2020(H)
PETITIONER/S:
THOMAS ROY, AGED 47 YEARS S/O.XAVIER, CHENNATT HOUSE, PALLURUTHY, ERNAKULAM682002.
BY ADV. SRI.NIDHI BALACHANDRAN
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT , SECRETARIAT, THIRUVANANTHAPURAM-695001.
R2-3 BY ADV. SRI.J.OM PRAKASH R4 BY ADV. G.SUDHEER (THURAVOOR)
SR GOVERNMENT PLEADER SRI RAJASEKHARAN NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This Court in the order 7.1.2020 noticed the contention of the petitioner that petitioner has valid building permit to raise construction and completed the construction to the extent of 80%. It is argued by the petitioner that Ext.P9 has been issued by the Panchayat at the instance of plaintiff in the civil suit ie. O.S.No.632/2019, whereas the impugned order do not suffice the requirement of law. No reasoning has been assigned as to how and what circumstances there is alleged violation under Rule 27 of the Kerala Panchayat Building Rules, 2011.
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procedure of law and assign the cogent reasons. Impugned order per se is bereft of such requirements. I regret to comment further on the merits of the matter, which in my view would be the domain of the Secretary after affording an opportunity of hearing to the respected parties. Accordingly, I allow the writ petition by quashing Ext.P9 with a further direction to the Secretary that in case any necessity arise to initiate the action in accordance with law, after affording an opportunity of hearing to the petitioner or the party respondents. The writ petition is disposed of accordingly.
AMIT RAWAL
JUDGE
jm/
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE BUILDING PERMIT NUMBER C1- BA (5340)/2019 DATED 17.8.18 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE SKETCH OF THE PROPERTY OF THE PETITIONER WITH ENGLISH TRANSLATION. |
| EXHIBIT P3 | TRUE COPY OF NOTICE NO.C-3864/18 DATED 19.3.18 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER WITH ENGLISH TRANSLATION. |
| EXHIBIT P4 | TRUE COPY OF THE REPRESENTATION DATED 25.3.19 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH ENGLISH TRANSLATION. |
| EXHIBIT P5 | TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, ALAPPUZHA ON 3.4.19 WITH ENGLISH TRANSLATION. |
| EXHIBIT P6 | TRUE COPY OF THE UNDERTAKING EXECUTED BY THE PETITIONER. |
| EXHIBIT P7 | TRUE COPY OF THE JUDGMENT DATED 17.4.19 IN WPC 11694/19 OF THIS HON'BLE COURT. |
| EXHIBIT P8 | TRUE COPY OF ORDER DATED 10.5.19 ISSUED BY THE SECRETARY, KUTHIATHODE GRAMA PANCHAYATH WITH ENGLISH TRANSLATION. |
| EXHIBIT P9 | TRUE COPY OF THE NOTICE DATED NIL AFFIXED BY THE 2ND RESPONDENT ON PETITIONER'S BUILDING WITH ENGLISH TRANSLATION. |
| EXHIBIT P10 | TRUE COPY OF THE ORDER DATED 21.12.2019 IN IA NO 4507/19 IN OS 632/19 OF THE ADDITIONAL MUNSIFF COURT, CHERTHALAI |
1 issue framed by the court
Whether the impugned order issued by the Grama Panchayat without assigning cogent reasons is justifiable.
Thomas Roy
State of Kerala
Kuthiathode Grama Panchayath
P.S. Vipinachandran
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
