Allowed

Faizal Abdulla v. Kalpakanchery Grama Panchayat

Kerala HC16 Jan 2023WP(C)/22124/2022

Case brief

AI extract

What is this about?

This Court set aside an order issued by the 1st respondent Panchayat to demolish a football ground constructed by petitioners, as it was passed without hearing the parties. The petition was disposed of by quashing the order and directing the Secretary to consider explanations and hear both parties within one month, in accordance with the law and a prior judgment.

What did the court decide?

Ext.P8 order set aside; petitioners to be heard and Exts.P4 and P5 considered; fresh orders to be passed within one month in accordance with law and Ext.P7 judgment.

Faizal Abdulla Vs Kalpakanchery Grama Panchayat — Civil Procedure and Limitation | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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MONDAY, THE 16TH DAY OF JANUARY 2023 / 26TH POUSHA, 1944
WP(C) NO. 22124 OF 2022

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PETITIONERS:

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1 FAIZAL ABDULLA

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AGED 60 YEARS, S/O KUNJUMOHAMMED
ODAYAPURATH HOUSE, RANDATHANI P.O., MALAPPURAM
DISTRICT, PIN - 676510

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2 ALI K

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AGED 42 YEARS

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S/O AHAMMED HAJI, KALODI HOUSE, RANDATHANI P.O.,
MALAPPURAM, PIN - 676510

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BY ADVS.
K.I.ABDUL RASHEED
DEEPA SASIDHARAN

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RESPONDENTS:

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1 KALPAKANCHERY GRAMA PANCHAYAT KALPANAKANCHERY P.O., MALAPPURAM DISTRICT, REP BY ITS SECRETARY, PIN - 676551

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2 ABDUNNASER

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AGED 46 YEARS

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S/O MOHAMMAED, KALODI HOUSE, THOZHANUR, RANDATHANI
P.O., MALAPPURAM DISTRICT, PIN - 676510

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3 ABDUL SALAM K AGED 54 YEARS

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S/O MOHAMMED KUTTY HAJI, KALODI HOUSE, THOZHANUR,
RANDATHANI P.O., MALAPPURAM DISTRICT, PIN - 676510

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BY ADVS.

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SHRI.MANOJ RAMASWAMY, SC, KALPAKANCHERY GRAMA
PANCHAYAT
P.VENUGOPAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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¶23

W.P.(C) No.22124 of 2022.

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JUDGMENT

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th Dated this the 16 day of January, 2023 .

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The petitioners have approached this Court challenging Ext.P8 order passed by the 1^st respondent under Section 235 W (3) of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as the ‘Act’ for short).

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The 1^st petitioner is the owner of 31.26 Ares of land in Survey No.103/4-27 of Kalpakanchery village, Malappuram District. The 2^nd petitioner is the president of a football club by name 'Soccerx'. The petitioners have constructed a football ground (turf) in the said property. Alleging that the construction of the football ground is in violation of the provisions of the Act and the Kerala Panchayat Raj Building Rules, 2019 (hereinafter referred to as ‘Rules’ for short), the 1^st respondent issued a provisional order under Section 235W (1) and (2) to the petitioners to which they

¶28

¶29

W.P.(C) No.22124 of 2022.

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submitted Exts.P4 and P5 explanations.

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The respondents 2 and 3 filed W.P. (C).No.15757/2022 for direction to finalise the proceedings pursuant to the provisional order issued to petitioners. This Court, by Ext.P7 judgment, directed the Secretary of the Panchayat to finalize the proceedings initiated pursuant to the provisional order after hearing the petitioners and the respondents 1 to 4 therein.

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Pursuant to Ext.P7 judgment, Ext.P8 order has been passed by the 1^st respondent. The petitioners submit that in spite of the specific directions of this Court vide Ext.P7 judgment, Ext.P8 order was issued without hearing the petitioners.

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Heard the learned counsel for the

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petitioners, the learned Standing counsel for the 1^st respondent and the learned counsel for respondents 2 and 3.

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Ext. P8 order is issued by the Secretary of

¶36

¶37

W.P.(C) No.22124 of 2022.

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the 1^st respondent Panchayat to demolish the construction carried out by the petitioners without hearing them. Accordingly, Ex.P8 is set aside being passed in violation of the principles of natural justice and in disregard to the directions in Ext.P7 judgment. There will be a direction to the Secretary of the 1^st respondent Panchayat to consider Exts.P4 and P5 explanations submitted by the petitioners and to hear them as well as respondents 2 and 3 and pass fresh orders in accordance with law and in terms of Ext. P7 judgment. This shall be done within a period of one month from the date of receipt of a copy of this judgment.

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The writ petition is disposed of.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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Raj. 16.01.2023.

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¶44

W.P.(C) No.22124 of 2022.

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APPENDIX OF WP(C) 22124/2022

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PETITIONER EXHIBITS

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ExhibitP1TRUE COPY OF BASIC TAX RECEIPT
ISSUED BY THE VILLAGE OFFICER,
KALPAKANCHERY DATED 05-07-2022
ExhibitP2TRUE COPY OF NOTICE NO.A4-1381/2021
DATED 31-03-2022 ISSUED BY THE 1ST
RESPONDENT
ExhibitP3TRUE COPY OF THE ORDER NO. A4-
1381/2021 DATED 31-03-2022 ISSUE BY
THE 1ST RESPONDENT
ExhibitP4TRUE COPY OF THE REPLY DATED 18-04-
2022 SUBMITTED BY THE 1ST PETITIONER
BEFORE THE 1ST RESPONDENT
ExhibitP4(a)TRUE COPY OF THE RECEIPT DATED 19-
04-2022 OF THE EXT.P4
ExhibitP5TRUE COPY OF THE EXPLANATION
SUBMITTED BY THE 2ND PETITIONER AND
42 OTHERS DATED 18-04-2022 TO THE
1ST RESPONDENT
ExhibitP5(a)TRUE COPY OF THE RECEIPT DATED 19-
04-2022 OF THE EXT.P5
ExhibitP6TRUE COPY OF THE INTIMATION LETTER
DATED 21-05-2022 SUBMITTED BY THE
1ST PETITIONER TO THE 1ST RESPONDENT
ExhibitP6(a)TRUE COPY OF THE RECEIPT DATED 23-
05-2022 OF THE EXT.P6
ExhibitP7TRUE COPY OF THE JUDGMENT DATED 23-
05-2022 IN W.P(C) NO. 15757/2022 OF
THIS HONOURABLE COUT
ExhibitP8TRUE COPY OF THE ORDER NO. A4-
1381/2021 DATED 25-06-2022 ISSUED BY

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¶49

W.P.(C) No.22124 of 2022.

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THE 1ST RESPONDENT

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ExhibitP8(a)TRUE COPY OF THE NOTICE NO. A4-
1381/2021 DATED 25-06-2022 ISSUED BY
THE 1ST RESPONDENT

Faizal Abdulla v. Kalpakanchery Grama Panchayat

Case brief

What is this about?

What did the court decide?

Faizal Abdulla v. Kalpakanchery Grama Panchayat

Case brief

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