Monison v. Thazhakkara Grama Panchayat
Case brief
What is this about?
The Court set aside an order directing the petitioner to remove an obstruction to a water channel, ruling that a site inspection conducted without notice to the petitioner violated principles of natural justice. It directed the respondent to issue a notice and conduct a fresh inspection in the petitioner's presence within one month.
What did the court decide?
Ext.P2 order set aside with direction to issue notice for site inspection in petitioner's presence and take fresh decision within one month.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, 1944
WP(C) NO. 11739 OF 2022
PETITIONER:
MONISON
AGED 53 YEARS
S/O. OOMMEN VARGHESE, THEVALASSERRIL THADATHIL
VEEDU, THANNIKKUNNU POST, VETTIYAR MURI, VETTIYAR
VILLAGE, PIN 690 534
BY ADV B.RENJITHKUMAR
RESPONDENT:
THAZHAKKARA GRAMA PANCHAYAT
THAHAKKARA, REPRESENTED BY ITS SECRETARY, KALLIMEL
P.O, ALAPPUZHA DISTRICT PIN 690 509
BY ADVS.
RASHEED C.NOORANAD
ANITHA M.N. (EKM)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Issues for consideration
3 issues framed by the court
Whether Ext.P2 order directing removal of obstruction by compound wall violates principles of natural justice.
Whether the petitioner was entitled to a site inspection conducted in his presence before passing the order.
Whether the order directing removal of obstruction should be set aside and a fresh inspection conducted.
Parties & counsel
- petitioner
Monison
- respondent
Thazhakkara Grama Panchayat
Coram
Murali Purushothaman
Case details
As recorded by the court registry
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