BABY MATHEW Vs. DISTRICT COLLECTOR, KOTTAYAM

JUDGEMENT

(1.) The petitioner is stated to be a resident of Kodumpidy in Kottayam District and he has filed this writ petition seeking action against the 4th respondent-which is stated to be a Society registered under the provisions of the Societies Registration Act, 1860 - and alleged to have created a large "Arch" like construction on a public road, using the road margins for its foundation, without obtaining any consent or permission from the concerned Local Self Government Institution, namely the Kadanadu Grama Panchayat, the Secretary of which is the 2nd respondent herein.

(2.) The petitioner says that the 4th respondent has apparently constructed the huge Arch, which is shown in Exts. P1 series of photographs, to use it as a sign board to proclaim their name on it and that this is causing great amount of prejudice to the other residents of the said area, especially motorists and pedestrians who use this road. He, therefore, prays that respondents 1 to 3, 5 and 6 be directed to take immediate action to remove the illegal structure and also that action be taken against the said respondents in having failed to discharge their statutory duties in preventing such construction and in not removing it.

(3.) The learned Standing Counsel appearing for the Panchayat, in response, submits that the road in question is a Panchayat Road included in their Asset Register, but that the construction of the Arch was made by the 4th respondent without the knowledge of the Panchayat and without obtaining their permission. He says, therefore that necessary action has already been taken against it, by issuing notices to the 4th respondent to remove the structure, but that on account of the pendency of this writ petition, further measures have not been taken or completed. He, therefore, prays that this court may permit the Panchayat to take appropriate action in terms of law, against the structure as well as the 4th respondent.