RAMACHANDRAN Vs. SECRETARY, PARAPPUKKARA GRAMA PANCHAYATH

JUDGEMENT

(1.) A short legal question - but with substantial import - has been urged for resolution by the petitioner in this Writ Petition. He predicates, with great vehemence, that before an unlawful building/structure is sought to be demolished by a Local Self Government Institution, not merely its owner but the person/s in possession of the same, either as tenant/s or otherwise, also have a statutory right to be notified and to be served with a provisional order under the applicable provisions of the statute.

(2.) The petitioner, who claims to be a tenant of a building called 'Govind Arcade' on a road leading from Nellayi Junction to Vailoor, has approached this Court impugning Ext. P2 notice issued by the 1st respondent Secretary of Parappukkara Grama Panchayat, asserting that it has been issued without jurisdiction and in violation of the provisions of Section 235W of the Kerala Panchayat Raj Act (hereinafter referred to as 'the Act' for short).

(3.) The petitioner alleges that the Panchayat has issued the impugned order apparently as a final one under the provisions of Section 235W(2) of the Act, and that this has been done without first issuing a provisional order and without hearing him. He says that this is completely and wholly illegal and therefore, that Ext. P2 be set aside.