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2025 DIGILAW 1594 (KER)

Puthuparampil Vasu Vijayan v. State of Kerala, Represented By Lsgd Department

2025-06-05

C.S.DIAS

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JUDGMENT : C.S.Dias, J. The writ petition is filed to direct the respondents 1 and 2 to implement Exts.P6 and P8 orders expeditiously. 2. The petitioners are the owners in possession of two independent properties comprised in one compact plot in Survey No.186/1 of Kalkoonthal Village, Udumbanchola Taluk. The property is situated within the jurisdiction of the 2 nd respondent Panchayat. The respondents 3 and 4 own and posses a block of land on the western side of the petitioners’ property, and they are running a workshop and a cardamon drying facility in an unauthorisedly constructed building. The structure has been illegally constructed on the common wall of the parties. On seeing the unauthorised construction, the petitioners submitted Ext.P1 complaint before the 2 nd respondent. Consequently, the 2 nd respondent issued Ext.P2 show cause notice to the 3 rd respondent, asking him why action shall not be taken in the matter. The 3 rd respondent submitted Ext.P3 reply. By Ext.P6 letter, the 2 nd respondent directed the 3 rd respondent to demolish the unauthorised construction. Subsequently, the 3 rd respondent again submitted Ext.P7 reply to Ext.P6 letter, but the 2 nd respondent passed Ex.P8 final order, ordering the demolition of the illegal construction. Even though Exts.P6 and P8 orders were passed on 09.07.2024 and 27.07.2024 respectively, and the same have attained finality, the respondents 1 and 2 have not implemented the orders. The inaction on the part of the respondents 1 and 2 is illegal and arbitrary. Hence, the writ petition. 3. The 2 nd respondent has filed a counter affidavit, inter alia, stating that, the respondents 3 and 4 have not complied with Exts.P6 and P8 orders. The 2 nd respondent would be enforcing the said orders after 31.12.2024, if the respondents 3 and 4 fail to adhere to their undertaking. In Ext.P7 reply, the 3 rd respondent has categorically admitted that the tenancy of the workshop would expire on 31.12.2024 and, thereafter, the structure would be demolished. Hence, the 2 nd respondent would enforce Exts.P6 and P8 orders after31.12.2024. 4. The respondents 3 and 4 have filed a counter affidavit stating that, the writ petition is not maintainable since there are disputed questions of fact. Furthermore, O.S.No.333/2024 filed by them against the petitioners is pending before the Court of the Munsiff, Kattappana. Ext.R3(a) interim order of injunction has been passed in the suit. 4. The respondents 3 and 4 have filed a counter affidavit stating that, the writ petition is not maintainable since there are disputed questions of fact. Furthermore, O.S.No.333/2024 filed by them against the petitioners is pending before the Court of the Munsiff, Kattappana. Ext.R3(a) interim order of injunction has been passed in the suit. The respondents 3 and 4 have not carried out any illegal construction in the property as alleged in the writ petition. The writ petition is devoid of any merits and may be dismissed. 5. Heard; the learned Senior Counsel for the petitioners, the learned Government Pleader for the respondents 1 and 6, the learned Standing Counsel for the 2 nd respondent, and the learned Counsel for the respondents 3 and 4. 6. It is not in dispute that Exts.P6 and P8 orders have been passed by the 2 nd respondent, directing the 3 rd respondent to demolish the unauthorised construction. The said orders have attained finality. 7. Admittedly, the 2 nd respondent is not a party in O.S.No.333/2024 pending before the civil court and there is no prohibitory order against the 2 nd respondent from implementing Exts.P6 and P8 orders. Moreover, in light of the affidavit filed by the 2 nd respondent, it is evident that the 3 rd respondent had undertaken to demolish the unauthorised construction after 31.12.2024. 8. In the aforesaid circumstances, especially since Exts.P6 and P8 orders have been passed on 09.07.2024 and 27.07.2024 respectively, and the time period sought for by the 3 rd respondent has lapsed, I do not find any justification in the 2 nd respondent not enforcing its own orders. Accordingly, I allow the writ petition, by directing the 2 nd respondent to enforce Exts.P6 and P8 orders, in accordance with law and as expeditiously as possible, at any rate, within 30 days from the date of receipt of a copy of this judgment.