LAWS(KER)-2015-7-115

SHIHABUDHEEN Vs. THE CHEACODE GRAMA PANCHAYATH AND ORS.

Decided On July 29, 2015
SHIHABUDHEEN Appellant
V/S
The Cheacode Grama Panchayath And Ors. Respondents

JUDGEMENT

(1.) ALLEGING hurried action for demolition of an office building of the respondent panchayath, which, according to the petitioner, is quite unnecessary on account of the fact that the front office of the building has been renovated recently, the petitioner has come up before this Court.

(2.) THE petitioner alleges that the office building of the 1st respondent panchayath is a strong, spacious and convenient one; and huge money has been spent for its proper maintenance and renovation. During the last seven years, around Rs. 15,00,000/ - was spent on the building as evident from Ext. P1 reply of the 2nd respondent; and in 2014, a major renovation was carried out expending a substantial sum culminating in an inaugural ceremony as evident from Exts. P1 & P2. It is further alleged that now, due to the vested interest of some of the office bearers, a clandestine decision to demolish the office building was taken in the absence of not less than six elected members due to the lack of proper notice. Thereafter, the right of demolition was proposed to be auctioned on 09.06.2015 advertising in newspaper on 04.06.2015; it is alleged. According to the petitioner, this hurried mala fide action is to avoid the interference of the 3rd respondent Government under Sec. 191 of the Kerala Panchayath Raj Act. According to the petitioner, unless urgent interference is made, the cause would be defeated and money would be squandered. Hence, this writ petition.

(3.) THE petitioner has filed a detailed reply affidavit, controverting the contentions in the counter affidavit and produced Exts. P4 to P14 along with the reply affidavit.