S S SUGIL Vs. K SADANANDAN

JUDGEMENT

(1.) Writ petition was preferred by respondents 1 and 2 herein seeking a writ of mandamus directing the Grama Panchayat to take appropriate action on Exts.P1, P2 and P5 and for removal of the unauthorised construction and the unauthorised advertisement board erected by the 4th respondent/appellant herein. Direction was also sought for to the 5th respondent to provide adequate police aid to the Grama Panchayat for removing the unauthorised advertisement board installed by the 4th respondent.

(2.) Second petitioner in the writ Petitioner had filed a complaint 14-2-2005 to the Grama Panchayat about the illegal erection of hoarding by name "Coax Computers" without obtaining necessary permission from the Grama Panchayat. Objection was taken note of by the Panchayat and the Panchayat vide letter dated 15-2-2005 directed respondents 2 to 4 to remove the Board which was erected without permission of the Panchayat. No action was taken by the 4th respondent who is conducting "Coax Computers". Panchayat informed the Circle Inspector of Police to give adequate protection to remove the Board, but no further follow up action was taken. Hence the present Writ Petition was preferred for removal of the unauthorised advertisement board installed causing obstruction to writ petitioners who are neighbouring property owners.

(3.) Learned single Judge disposed of the Writ Petition leaving it to the Panchayat to take further action. Aggrieved by the same this appeal has been preferred. Counsel appearing for the appellant Sri. S.V. Rajan submitted that the appellant's right to erect name board in his business premises cannot be questioned by the Panchayat or by the neighbouring property owners. Counsel made reference to the 4th proviso to Section 209 of the Kerala Panchayat Raj Act, 1994 and submitted appellant has got the right to erect name board in his business premises. Counsel referred to the decision of a Division Bench of this Court in Thomas Kurian v. Joseph Thomas, 2002 (2) KLT 625. Further counsel also submitted, he has not received any communication from the Panchayat on the petition filed by the neighbouring property owner. In any view, counsel submitted, the action taken by the Panchayat would violate all principles of natural justice.