SEBASTIAN JOSEPH Vs. CHIRAKKADAVU GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner, a Professor by profession, is before this Court seeking to direct respondents 1 and 2 to consider Ext.P2 representation and to remove the illegal bunk of the 3 respondent situated in front of the petitioner's house.

(2.) The petitioner states that he is residing at home in 20 Mile, Ponkunnam in Kottayam District along with his aged mother, wife and children. His house plot is adjacent to NH-220. The 3 respondent erected an illegal Box Shop in front of the petitioner's house in 2018. It soon became a nuisance to the family of the petitioner. The petitioner repeatedly requested the 3 respondent and the 3 respondent moved his Box Shop towards the next boundary. But, a Bunk which he uses to store his materials, still remains in front of the petitioner's property. The Bunk is an obstruction to the pedestrians walking through the pathway. The petitioner submitted Ext.P2 complaint to the Grama Panchayat. However, the Panchayat has not taken any action.

(3.) Respondents 1 and 2 filed a statement in the writ petition. Respondents 1 and 2 stated that the petitioner submitted a complaint requiring the Grama Panchayat and its Secretary to remove the Bunk installed by the 3 respondent in front of the house of the petitioner. When the writ petition came up earlier before this Court, the Court directed that the Secretary of the Grama Panchayat should personally visit the place where the Bunk Shop is installed by the 3 respondent. Accordingly, the Secretary of the Grama Panchayat inspected the site and found that the 3 respondent has installed a Bunk Shop on wheels and doing business. The said Bunk is installed on the side of the new NH-183. The Bunk Shop clearly causes obstruction to the ingress and egress to the petitioner's residential house on the side of new NH-183. The Secretary also verified the records maintained by the Grama Panchayat and the verification revealed that the Grama Panchayat has not issued a licence to the 3 respondent to install the Bunk in question.