SABEER V.K Vs. KONNI GRAMA PANCHAYAT

JUDGEMENT

(1.) Ext.P4 order passed by the second respondent under Section 235W(3) of the Kerala Panchayat Raj Act, 1994 (the Act) is under challenge in the writ petition. As per Ext.P4 order, the second respondent has directed the petitioner to remove a cesspit stated to have been constructed by him in his residential property. It is alleged in Ext.P4 order that the petitioner has constructed the cesspit violating Rule 75(2) of the Kerala Panchayat Building Rules, 2019. It is recited in Ext.P4 order that the petitioner was earlier issued a provisional order requiring him to demolish the cesspit constructed by him unauthorizedly, and directing him to show cause why the said provisional order shall not be confirmed, and the petitioner has neither removed the unauthorized construction nor shown cause against confirmation of the provisional order. The case of the petitioner is that Ext.P4 order is one issued without jurisdiction, for no provisional order was issued to him earlier as stated in the said order. It is also the case of the petitioner that Ext.P4 order is vitiated for noncompliance of the principles of natural justice, for it is issued based on a complaint, a copy of which was not served on him.

(2.) Heard the learned counsel for the petitioner as also the learned counsel for the respondents.

(3.) Section 235W of the Act dealing with demolition or alteration of building works unlawfully commenced, carried on or completed, reads thus: