FELSY THADAYOOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court impugning Exts. P19 and P20 proceedings of the 5 th respondent-Kottukal Grama Panchayat, asserting that the directions therein, to demolish a small residential house put up by her in the year 2013, is illegal and unlawful.

(2.) The learned counsel appearing for the petitioner- Sri.M.P.Krishnan Nair, submits that the proceedings now followed by the Secretary of the Panchayat are illegal and contrary to the provisions of Section 235W of the Kerala Panchayat Raj Act, particularly because his client was entitled to cause the said construction in view of Rule 10 of the Kerala Panchayat Building Rules (KPBR for short). He prays, therefore, that Exts.P19 and P20 be set aside.

(3.) The learned Standing Counsel appearing for the 5 th respondent-Panchayat-Sri.B.S.Swathikumar-submits that this writ petition is premature, since the petitioner does not obtain any cause of action as of now because Ext.P19 is only a notice asking her to show cause why the provisional order issued against her earlier under Section 235W(1) of the Kerala Panchayat Raj Act, namely Ext.P20, be not confirmed. He says that the petitioner has chosen not to answer the said notice and therefore, that this writ petition may be dismissed as being not maintainable.