1 W.P.(C) No.37982 of 2023 2025:KER:27000 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 37982 OF 2023 PETITIONER: SREEDHARAN P.G., AGED 71 YEARS, SON OF GOVINDAN NAIR, PARAMBAKKATTU HOUSE, NELLIKUZHY P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691 BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DISTRICT COLLECTOR, ERNAKULAM, CLUB ROAD, ERNAKULAM SOUTH, ERNAKULAM, KERALA, PIN - 682011 3 NELLIKUZHY GRAMA PANCHAYAT, KOTHAMANGALAM, REPRESENTED BY ITS SECRETARY, NELLIKUZHU P.O, KOTHAMANGALAM, PIN - 686691 4 THE TECHNICAL EXPERT COMMITTEE, REPRESENTED BY ITS CONVENOR/SECRETARY, NELLIKUZHY GRAMA PANCHAYAT, NELLIKUZHU P.O, KOTHAMANGALAM, PIN - 686691 5 ANOOP PURUSHOTHAMAN, SON OF PURUSHOTHAMAN NAIR, ULLANATTU HOUSE, MEKKEDAMPU P.O, MOOVATTUPUZHA, ERNAKULAM, PIN - 682316 2 W.P.(C) No.37982 of 2023 2025:KER:27000 6 PURUSHOTHAMAN NAIR, SON OF GOVINDAN NAIR, ULLANATTU HOUSE, MEKKEDAMPU P.O, MOOVATTUPUZHA, ERNAKULAM, PIN - 682316 BY ADVS. HARISH R. MENON K.T.SHYAMKUMAR A.G.PRASANTH K.N.ABHA ALEENA SEBASTIAN MARY HEDWIG BABY SUBITHA SUBRAMANIYAN T.JAYAN, GP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) No.37982 of 2023 2025:KER:27000 JUDGMENT The captioned writ petition is filed by the petitioner herein, essentially complaining about certain excesses carried out by the 6th respondent herein, who is none other than the petitioner’s brother. The case of the petitioner is to the effect that the 5th respondent obtained a permit from the Panchayat and constructed a residential building, which required certain digging to be carried out, on account of which lateral support with reference to the petitioner’s property (compound wall) is affected. On the basis of an application filed, an expert committee was constituted under the provisions of Rule 10(10) of the Kerala Panchayat Building Rules, 2019. The report of the committee is available at Ext.P4, as per which, certain recommendations were made. On the basis of the recommendations at Ext.P4, the Panchayat quantified the damage of the petitioner at Rs.7,51,330/-, as seen from Ext.P3 dated 06.08.2021. The order at Ext.P3 was challenged by the 5th respondent herein by filing W.P.(C) No.36946 of 2022. The said writ petition was disposed of along with two other writ 4 W.P.(C) No.37982 of 2023 2025:KER:27000 petitions filed by the petitioner herein as per Ext.P5 judgment dated 06.06.2023, by upholding the recommendations of the committee and at the same time holding that the quantification of the damages was not proper and that should be done by the committee concerned. Hence, the order at Ext.P3 was set aside, directing fresh consideration. Subsequent to the judgment at Ext.P5, the expert committee came out with Ext.P6 dated 31.07.2023, reiterating that the amount to be satisfied by the 5th respondent is Rs.7,51,330/- itself. It may straightway be noticed that, as on today, there is no challenge to Ext.P6 from the side of the 5th respondent herein. 2. It is in such circumstances that the petitioner has filed the captioned writ petition, seeking appropriate directions for realisation of the afore amounts. The petitioner also seeks for implementation of the directions contained in Ext.P4. 3. I have heard Sri.Peeyus A. Kottam, the learned counsel for the petitioner and Sri.Harish R.Menon, the learned counsel for the 6th respondent as well as Sri.K.S.Arun Kumar, the learned counsel for the 3rd respondent Panchayat. 5 W.P.(C) No.37982 of 2023 2025:KER:27000 4. This Court notices that, on the face of Ext.P6, as well as the recommendations under Ext.P4, the petitioner is entitled to succeed. This Court further notices that, even according to the Panchayat, revenue recovery has been suggested and requested for, as evidenced by Ext.R3(B) requisition. In the afore circumstances, this writ petition would stand disposed of, recording the requisition made by the Secretary, Nellikuzhy Grama Panchayat, as evidenced by Ext.R3(B). Respondents 1 and 2 to take note of Ext.R3(B) and to proceed in accordance with law, as expeditiously as possible. At the same time, insofar as the dispute, as already noticed, is between the brothers, I feel one more attempt can be made to have an amicable settlement between the parties. In such circumstances, the Secretary of the 3rd respondent Panchayat is directed to immediately convene a meeting between the petitioner and respondents 5 & 6 herein and try to arrive at an amicable settlement as regards the requirement for implementing the recommendations in Ext.P4 and the amount to be satisfied as per Ext.P6, as expeditiously as possible, at 6 W.P.(C) No.37982 of 2023 2025:KER:27000 any rate, within a period of four weeks from today. If the Secretary is not able to have an amicable mediation between the parties, the Secretary to immediately inform the same to respondents 1 and 2. Sd/- HARISANKAR V. MENON JUDGE anm 7 W.P.(C) No.37982 of 2023 2025:KER:27000 APPENDIX OF WP(C) 37982/2023 PETITIONER’S EXHIBITS Exhibit P1 THE TRUE COPY OF THE BUILDING PERMIT ISSUED IN THE NAME OF 5TH RESPONDENT DATED 10.06.2019 Exhibit P2 THE TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN W.P.(C) NO.22040/2020 DATED 02.03.2021 Exhibit P3 THE TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY DATED 06.08.2021 ISSUED TO THE 5TH RESPONDENT DIRECTING HIM TO REMIT AN AMOUNT OF RS.7,51,330/- Exhibit P4 TRUE COPY OF THE REPORT ON THE INSPECTION CARRIED OUT TO ASSESS THE DAMAGE OF THE BUILDING AND PROPERTY OF MR.SREEDHARAN NAIR P.G. SUBMITTED BY THE TECHNICAL EXPERT COMMITTEE AS PER THE DIRECTION IN EXT-P2 JUDGMENT Exhibit P5 TRUE COPY OF THE COMMON JUDGMENT OF THIS HON’BLE COURT DATED 06.06.2023 IN W.P (C) 23768/2021, W.P.C 14467/2022 AND W.P.C. 36946/2022 Exhibit P6 THE TRUE COPY OF THE PROCEEDINGS OF THE TECHNICAL EXPERT COMMITTEE DATED 31.07.2023 PREPARED IN COMPLIANCE WITH EXT-P5 JUDGMENT OF THIS HON’BLE COURT Exhibit P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 26.08.2023 TO THE PANCHAYATH FOR OPENING THE HOLE WHICH IS ILLEGALLY CLOSED DOWN BY THE 5TH RESPONDENT ANOOP Exhibit P8 THE TRUE COPY OF THE NOTICE DATED 28.10.2023 GIVEN BY THE 3RD RESPONDENT PANCHAYATH SECRETARY TO THE PETITIONER Exhibit P9 TRUE COPY OF THE REPLY DATED 08.11.2023 SENT BY THE PETITIONER TO THE 3RD RESPONDENT PANCHAYATH SECRETARY 8 W.P.(C) No.37982 of 2023 2025:KER:27000 Exhibit P10 THE TRUE COPY OF THE INTERIM ORDER DATED 03.02.2022 IN W.P.(C) 23768/2021 RESPONDENTS’ EXHIBITS Exhibit -R3(A) A TRUE COPY OF THE LETTER NO. A3-5046/21 DATED 09/11/2021 ISSUED BY THE 3RD RESPONDENT Exhibit -R3(B) A TRUE COPY OF THE REQUISITION MADE BY THE SECRETARY, NELLIKKUZHY GRAMA PANCHAYATH DATED 04/03/2022