2025:KER:24212 WP(C) No.6597 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 27TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 WP(C) NO. 6597 OF 2025 PETITIONER/S: ALICE JOY, AGED 62 YEARS W/O JOY, CHIRACKAL (H), THURUTHY P.O, VENGOOR WEST VILLAGE, MUDAKUZHA KARA, PERUMBAVOOR, ERNAKULAM (DT), PIN - 683545 BY ADVS. JESTIN MATHEW EVIN SAVIOUR BASIL KURIAKOSE RESPONDENT/S: 1 MUDAKUZHA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, THRIKKEPADY MUDAKUZHA PANCHAYATH RD,VENGOOR WEST, PERUMBAVOOR, ERNAKULAM (DT), PIN - 68354 2 SECRETARY, MUDAKUZHA GRAMA PANCHAYAT, THRIKKEPADY MUDAKUZHA PANCHAYATH RD, VENGOOR WEST, PERUMBAVOOR, ERNAKULAM (DT), PIN - 683545 3 OMBUDSMAN, LOCAL SELF GOVERNMENT INSTITUTIONS, KERALA, SAPHALYAM COMPLEX, 4TH FLOOR,TRIDA BUILDING, UNIVERSITY P.O., THIRUVANANTHAPURAM, PIN - 695034 4 ADDL.R4 BOBBY ELDHO KAARIKKUDY VEEDU, PARALAYAKKADU, ERNAKULAM, PIN - 683545 [IS IMPLEADED AS PER ORDER DATED 07.03.2025 IN IA NO. 1/2025 IN WP(C) 6597/2025] BY ADV R.RENJITH OTHER PRESENT: Shri.R.Renjith, S.C THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:24212 WP(C) No.6597 OF 2025 2 J U D G M E N T The petitioner is aggrieved by Ext.P3 notice issued by the 2nd respondent requiring her to remove certain unauthorized construction on the property of the petitioner. According to the petitioner, the notice was not addressed to her. 2. The learned Standing Counsel for the Panchayath pointed out that notice was issued to the husband of the petitioner, in whose name the building is constructed, and the said order was passed after giving the said person an opportunity for being heard. It is also asserted that, the person named in Ext.P3 notice attended the hearing and after hearing him the present notice was issued. 3. On the other hand, the learned counsel for the petitioner points out that, the petitioner is also a joint owner of the property as evidenced in Ext.P1 and P2 and therefore, she is also entitled for notice. The learned counsel for the petitioner further submits that, even though Ext.P3 notice is not addressed to her, she is prepared to accept the same as the notice to her, and the same can be treated as a provisional order under Sec.235 W of the Kerala Panchayath Raj Act. 2025:KER:24212 WP(C) No.6597 OF 2025 3 In such circumstances, this writ petition is disposed of directing the 2nd respondent to pass final orders on Ext.P3 after giving the petitioner an opportunity of being heard and considering the objections raised by her. While considering this application, it shall be open to the 2nd respondent to issue notice to the husband of the petitioner as well. Necessary orders in this regard shall be passed within a period of one month from date of receipt of copy of this judgment. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/0204 2025:KER:24212 WP(C) No.6597 OF 2025 4 APPENDIX OF WP(C) 6597/2025 PETITIONER EXHIBITS Exhibit P1 SALE DEED DATED 31/12/1985 OF THE PETITIONERS PROPERTY Exhibit P2 TAX RECEIPT ISSUED BY THE LAND REVENUE DEPARTMENT DATED 18/05/2024 Exhibit P3 NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S HUSBAND Exhibit P4 PHOTOGRAPHS OF HOUSE OF THE PETITIONER