ABOOBACKER Vs. PALLICKAL GRAMA PANCHAYATH

JUDGEMENT

(1.) THE writ petition is filed seeking to quash Ext.P2 notice and for a direction directing the first respondent to afford the petitioner an opportunity of being heard before taking any action against the alleged encroachment on the public road in front of his property as alleged in Ext.P2 notice.

(2.) THE 1st respondent Panchayath issued Ext.P2 notice dated 11.5.2011 stating that the petitioner encroached a portion of the road in front of his property by making construction and therefore, directed the petitioner not to proceed with the construction. According to the petitioner, he had applied for permission for the construction of the compound wall on the eastern side of his property. Ext.P1 is the said application. Ext.P1 is dated 16.3.2011. It is averred in the writ petition that no action was taken by the Panchayath on Ext.P1 application even after a lapse of one month from the date of filing of such application. It is further stated that the petitioner had constructed the basement for putting up a compound wall on the eastern side of his property in the same alignment in which the neighbours have constructed the compound wall.

(3.) IN these circumstances, there will be a direction to the first respondent to take a final decision in the matter, after affording an opportunity of being heard to the petitioner and after making necessary enquiries. A decision shall be taken within a period of two months from the date of receipt of a copy of this judgment in accordance with law. If the petitioner has not filed any application for building permit till date, the petitioner is at liberty to submit an application in the prescribed form and in that event, the Secretary of the Panchayath shall consider and dispose of the application in accordance with law. The parties shall main status quo as on today till a final decision is taken by the Secretary of the Panchayath. The writ petition is disposed of as above.