VALAPATTANAM GRAMA PANCHAYAT Vs. V V NARAYANAN

JUDGEMENT

(1.) CHALLENGE is on Ext.P3 order passed by the second respondent. The order is passed on a complaint filed by the first respondent. The complaint was allowed with a cost of Rs.5,000/-. The said amount was paid by the Panchayat. However, the second respondent directed to realise the said amount from the members of the Panchayat. Admittedly, no noitce was issued to the members so as to make them liable. Be that as it may, the amount paid by the Panchayat shall be treated as costs and there shall not be any recovery from the members of the Panchayat.

(2.) AS far as the merits of the case is concerned, the stand taken by the second respondent is that the compound wall does not come within the definition of the word 'building' as appearing in Section 2 of the Kerala Panchayat Raj Act. That is not correct. The definition would take in any structure made of bricks, mud or any other material. Panchayat has a case that the first respondent has made an encroachment. In case there is encroachment of public land, it will be open to the Panchayat to take appropriate action against the first respondent dehors Ext.P3 order passed by the second respondent. The writ petition is disposed of as above.