BALACHANDRAN P. Vs. SECRETARY KARUMKULAM GRAMA PANCHAYAT

JUDGEMENT

(1.) The writ petitioner seeks to quash Exts.P5 and P6 and to restore Ext.P3 order. A writ of mandamus is also sought against first and second respondents to ensure performance of their statutory functions

(2.) The petitioner contends that he filed a complaint dated 10.12.2009 before the first respondent-Secretary to Karumkulam Grama Panchayath against unauthorised demolition and reconstruction of a dwelling house by the third respondent, violating the provisions of the Kerala Panchayath Building Rules, 2011. After a local enquiry the first respondent-Secretary to the Grama Panchayath issued Ext.P1 notice dated 16.12.2009 to the third respondent directing him to stop the illegal construction. The third respondent was also directed to obtain necessary permit from the first respondent before continuing with the construction.

(3.) It is the case of the petitioner that, ignoring Ext.P1 notice, the third respondent proceeded with and completed the construction. The petitioner thereupon filed an appeal. The second respondent-Secretary to the Department of Local Self Government called for a report from the first respondent. The Town Planner submitted a report dated 23.03.2012 confirming the allegations raised by the petitioner. On the basis of the report of the Town Planner, the second respondent-Principal Secretary issued Ext.P13 order dated 11.04.2012 directing the first respondent-Secretary to Grama Panchayath to take legal action against the third respondent, for the unauthorised construction.