LAWS(KER)-2018-7-432

SAJEEV S/O SASIDHARAN Vs. STATE OF KERALA

Decided On July 16, 2018
Sajeev S/O Sasidharan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This writ petition is filed by the petitioner, who is a resident of the 4th respondent Grama Panchayat and a Ward member of the erstwhile Grama Panchayat, seeking the following reliefs:

(2.) Material facts for the disposal of the writ petition are as follows:

(3.) According to the petitioner, the present Office building of the Panchayat was planned in the year 1984, and the construction was completed in the year 1992, with all modern amenities available. After the construction of the said building, so many alterations and renovations were also done by spending huge amounts. Due to the proper maintenance of the building, the building is safe for at least next 50 years. There is sufficient space in the building for functioning and to meet up with all requirements of the Panchayat. There is also a three-storied building constructed by the Panchayat in the year 2015-2016, adjacent to the Panchayat Office, with much space, which is remaining vacant till today. Moreover, the 2nd floor of the newly constructed building is modified by spending an amount of Rs. 23 lakhs from the own funds of the Panchayat, and the same is kept vacant. Therefore, there is no need to demolish the said building and construct a new building, especially due to the fact that, such funds can be diverted for other developmental activities of the Panchayat, as well as to provide public amenities to the people of the Panchayat. However, fact remains, the present Panchayat Committee is taking steps to demolish the existing building and construct a new one by spending an amount of Rs. 2.5 crores. Even though various members of the Panchayat recorded their objection, the Panchayat is going ahead with demolition of the building and construction of the new building. It is further submitted that, quotation was invited for demolition of the building and the last date fixed was 29.12.2017. These are the background facts projected by the petitioner in order to secure the reliefs sought for in the writ petition.