C.K.DAVIS Vs. KANJOOR GRAMA PANCHAYATH

JUDGEMENT

(1.) This writ petition is filed by the petitioner, who is a resident within the limits of Kanjoor Grama Panchayat, Ernakulam District, seeking to quash Exhibit P3 show cause notice dtd. 7/3/2013 and Exhibit P6 final order dtd. 5/4/2013, apparently passed under sec. 235W of the Kerala Panchayat Raj Act, 1994 by the Secretary of the Grama Panchayat, and Exhibit P11 order passed by the Tribunal for Local Self Government Institutions, Thiruvananthapuram dtd. 19/3/2014, whereby the orders of the Secretary is affirmed. Brief material facts for the disposal of the writ petition are as follows;

(2.) Petitioner is the owner of a residential building bearing No.II/192A situated within Kanjoor Grama Panchayat - the 1st respondent. According to the petitioner, the construction of the building was completed in the year 2000, which was later altered in the year 2013. On the eastern side of the building, there is a lean-to with an Aluminium sheet roof supported by GI pipes, which according to the petitioner, is used to park the motorcycle of the petitioner, for drying washed clothes, and storing utensils.

(3.) The case projected by the petitioner is that the said lean-to of the petitioner was there for many years. While so, petitioner was served with Exhibit P3 notice dtd. 7/3/2013 by the Secretary of the Grama Panchayat - the 2nd respondent informing the petitioner that the said lean to attached to the building No.II/192A is constructed without maintaining a minimum distance from the property of the neighbour, which is clear and evident from the report submitted by the Assistant Engineer, on the basis of a complaint filed by one Paily dtd. 15/1/2013; further directed the petitioner to take necessary action in that regard and report the matter to the Panchayat. On receipt of Exhibit P3, petitioner has submitted Exhibit P4 reply dtd. 19/3/2013, which is evidently received in the office of the Panchayat on 21/3/2013, reflected from Exhibit P5 receipt issued by the Kanjoor Grama Panchayat. In Exhibit P4, petitioner has denied the allegations made in Exhibit P3 notice and submitted that there is no demarcation by and between the properties of the petitioner and his neighbour - Paily and the petitioner does know the contents of the report of the Assistant Engineer and the provisions under which the notice was issued by the Secretary.