PALLIKUNNU GRAMA PANCHAYAT Vs. DISTRICT SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioner has approached this Court seeking the following reliefs:

(2.) The petitioner is the Gramma Panchayath. The 3rd respondent is the present owner of a building. It is alleged that the construction of the building is in violation of the Building Rules, The 3rd respondent somehow managed to influence the then Secretary of the Panchayat and obtained a building permit. Ext.P1 notice was issued to show cause. Noticing that despite the receipt of Ext.P1 notice, the 3rd respondent is completing the construction work, Ext.P2 notice was issued. Though it was attempted to be served in person, it was not accepted and the notice was affixed on the building in the presence of two witnesses. Despite Ext.P2 notice, the 3rd respondent continued the work. Hence Ext.P3 letter was sent to the 2nd respondent police officer seeking assistance to take appropriate action to implement Ext.P2. The second respondent acknowledged receipt; but despite the same, did not take action. Hence the petitioner moved the Superintendent of Police vide Ext.P5 application and has come before us.

(3.) A counter affidavit is filed by the 3rd respondent wherein it is inter alia stated as follows. The land on which the construction is made originally belonged to one Sivanandan who executed a gift deed in favour of the trust by name K. G. Marar Charitable Trust. The 3rd respondent is the Chairman of the Trust. After the execution of the said deed, a building plan was submitted for construction of a new building after demolishing the old one. The construction started during the period 2008. After completing the construction, the building was numbered during the very same year. Ext.R3(a) and R3(b) are produced as tax receipts. The allegation as to illegal construction is raised only during 2010, Ext.P1 notice was served only on 09/11/2010. The deponent submitted Ext.R3(c) reply and before the deponent could make a reply on Ext.P1, the Panchayat has come before this Court. It is stated that the entire building construction was completed long back in 2008 and the building will be numbered only after obtaining the completion certificate. The construction is made strictly in accordance with the approved plan. Assuming without admitting there is something illegal in the construction the 3rd respondent as well as the Panchayat has got their legal remedies. But, before proceeding with any action as against the 3rd respondent the Panchayat is expected to hear the 3rd respondent.