High Court at Ernakulam held petition challenging notice under Kerala Panchayat Raj Act premature as objection pending consideration. Court directed Secretary to decide within two months.
Writ petition disposed; respondent Secretary directed to consider representation and pass decision within two months.
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 SHAJI P.CHALY
FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
WP(C) NO. 24398 OF 2015
PETITIONER/S:
SINDHU S.PILLAI
AGED 33 YEARS W/O. SANTHOSH, THEKKEKARA PUTHENVEEDU, NEDAVATHOOR,NEELESWARAM P.O., KOLLAM DISTRICT-691 505.
BY ADVS. SRI.PRAVEEN K. JOY SRI.T.A.JOY
RESPONDENT/S:
R1- SRI.JOBY JOSEPH,SENIOR GOVERNMENT PLEADER R3 AND R4 - SRI.K.V.ANILKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 24398/2015
: 2 :
Dated this the 4th day of March, 2022.
JUDGMENT
T he petitioner is the owner of a property having an extent of 5.26 Ares in Survey No. 213/27-3 of Neduvathoor Village. According to the petitioner, she constructed a small residential house in the above said land without securing permit from the Secretary of the Neduvathoor Grama Panchayat, consequent to which the Secretary of the Panchayat has issued Ext. P4 notice apparently under Section 235W(1) of the Kerala Panchayat Raj Act, 1994 ('Act, 1994' for short) along with a provisional order, to which the petitioner has submitted Ext. P6 objection.
the challenge made in the writ petition is against a show cause notice
W.P.(C) No. 24398/2015
: 3 :
and a provisional order. As per Section 235W of the Act, 1994, it will have to attain finality by passing a final order. To put it short, the challenge made in the writ petition is premature in nature.
sd/- SHAJI P. CHALY, JUDGE.
Rv
W.P.(C) No. 24398/2015
: 4 :
APPENDIX OF WP(C) 24398/2015
PETITIONER'S EXHIBITS:
| EXT.P1 | P1 : COPY OF THE TITLE DEED NO.13/05, KOTTARAKKARA SRO. |
|---|---|
| EXT.P2 | P2 : COPY OF THE TAX RECEIPT DTD.4.7.2015. |
| EXT.P3 | P3 : COPY OF THE APPLICATION DTD.14.7.2015. |
| EXT.P4 | P4 : COPY OF THE NOTICE DTD.17.7.2015 FROM 3RD RESPONDENT. |
| EXT.P5 | P5 : COPY OF THE ORDER DTD.17.7.2015 FROM THE 3RD RESPONDENT. |
| EXT.P6 | P6 : COPY OF THE REPRESENTATION DTD.29.7.2015 BEFORE THE 3RD RESPONDENT. |
| EXT.P7 | P7 : COPY OF THE ACKNOWLEDGEMENT RECEIPT DTD.29.7.2015. |
RESPONDENTS' EXHIBITS: NIL
/True Copy/
PS to Judge.
rv
2 issues framed by the court
Whether a writ petition challenging a show cause notice and provisional order under Section 235W of the Kerala Panchayat Raj Act is maintainable before a final order is passed.
Whether the petitioner's objection (Ext. P6) has been considered by the Secretary of the Grama Panchayat before approaching this Court.
1 provisions across 1 enactments
Sindhu S. Pillai
State of Kerala Represented by Its Secretary, Local Self Government Department, Secretariat, Thiruvananthapuram
The Secretary Local Self Government Department, Secretariat, Thiruvananthapuram
The Secretary Neduvathoor Grama Panchayath, Neeleswaram, Kollam
Neduvathoor Grama Panchayath Represented by Its Secretary
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
