SAMEENA O. A. Vs. CHERANALLOOR GRAMA PANCHAYATH

JUDGEMENT

(1.) This writ petition is filed by the petitioner challenging Ext. P2 order dtd. 11/2/2015 issued by the Secretary of the Cheranalloor Grama Panchayat.

(2.) The case put forth by the petitioner is that, he is the absolute owner in possession and ownership of an extent of 13.86 Ares of property situated in re-Survey No. 587/14 of Cheranalloor Village, and described as a purayidam (dry land) in the revenue records. It is further submitted that the property was inherited by the petitioner from her deceased father and now her mother Arifa received Ext. P2 notice from the Cheranalloor Grama Panchayat stating that a water course (thodu) situated in the property was filled up and directing the petitioner/her mother to restore the original position of the water course within 14 days from the date of receipt of the order.

(3.) The paramount contention advanced by the petitioner is that there is no water course in her property and that the petitioner's mother has no right in the property. It is also submitted that neither the petitioner nor her mother were heard before issuing Ext. P2 notice. It is also contended that Ext. P2 notice suffers from the vice of arbitrariness and illegality liable to be interfered with by this Court. It is further pointed out that respondents 2 and 3 namely James George and Mary Diny James, have filed O.S. No. 402 of 2015 before the Munsiff's Court, Ernakulam against the mother of the petitioner namely Arifa and the same is pending consideration.