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2026 DAILYLAW 702 (KER)

Shameer, S/o. Raheem v. Nedumbana Grama Panchayat Represented By Its Secretary

2026-05-26

P V Kunhikrishnan

body2026
JUDGMENT : P.V.KUNHIKRISHNAN, J. The above writ petition is filed with following prayers: “(i) Declare that the continued construction carried out by the 5th respondent as aforesaid is in violation of statutory provisions, public safety norms, and the same is therefore illegal. ii) Issue a writ of Mandamus or any other appropriate writ, order, or direction directing respondents 1 and 2 to forthwith stop all illegal and unauthorized construction activities being carried out by the 5th respondent in violation of the Kerala Panchayat Building Rules, 2019 and other statutory provisions. iii) Issue a writ of Mandamus or any other appropriate writ, order, or direction directing respondents 1 and 2 to take immediate and effective enforcement action, including demolition and removal of all unauthorized constructions carried out by the 5th respondent, in accordance with law and in terms of the findings contained in Exts. P1, P12 and P13. iv) Issue a writ of Mandamus or any other appropriate writ, order, or direction directing the 2nd respondent to strictly enforce the stop notices issued vide Exhibits P3, P6, P7, P8, P10 and P11, and to ensure that no further construction is carried out by the 5th respondent. v) Issue a writ of Mandamus or any other appropriate writ, order, or direction directing respondents 1 and 2 to ensure removal of encroachments constructed by the 5th respondent including any projection into the public road and unlawful occupation of public pathway, and to restore the same for free and safe use by the petitioners. vi) Issue any other appropriate writ, order, or direction, as the petitioner may seek and this Hon’ble Court deems fit, in the facts and circumstances of the case and allow this petition with all costs. AND vii) Dispense with the filing of the translation of vernacular documents. ” (SIC) 2. According to the petitioners there is an unauthorized constructions from the side of the 5 th respondent. 3. When this writ petition is came up for consideration on 24.03.2026, this Court passed the following order ; “ Admit. Urgent notice through special messenger to the 5th respondent. Standing Counsel takes notice to respondent Nos.1 to 4. The 2 nd respondent will visit the alleged construction site of the 5th respondent and find out whether there is any violation of the Kerala Panchayat Building Rules, 2019 in vogue. Urgent notice through special messenger to the 5th respondent. Standing Counsel takes notice to respondent Nos.1 to 4. The 2 nd respondent will visit the alleged construction site of the 5th respondent and find out whether there is any violation of the Kerala Panchayat Building Rules, 2019 in vogue. If any violation is there, the 2nd respondent will take necessary steps forthwith.” 4. When this writ petition is came up for consideration on 10.04.2026, this Court passed the following order; “Read order dated 24.03.2026. The 2nd respondent will file an affidavit, after complying the directions issued by this Court on 24.03.2026, on or before 21.04.2026. Post on 21.04.2026.” 5. Now an affidavit is filed by the 2nd respondent dated 20.04.2026, it will be better to extract paragraph Nos. 3 to 7; 3. It is humbly submitted that noticing unauthorized construction carried out by the 5 th respondent herein in the existing shop room after numbering the said building, Exhibit P3 Provisional Order cum Show cause notice dated 23/09/2025 was issued to the 5 th respondent under Section 235(w)(1) of the Kerala Panchayat Raj Act 1994. Apart from that a communication dated 24/09/2025 was issued to the Kannanalloor Police Station regarding the unauthorized construction. Again Exhibit P6 notice dated 07/10/2025 was issued to the 5 th respondent. Pursuant to the said notice, the 5 th respondent had submitted a reply requesting to grant 30 days’ time to remove the unauthorized construction. Hence Exhibit P7 notice was issued on 17/10/2025 confirming the unauthorized construction directing the 5th respondent to demolish the unauthorized construction within 15 days. Exhibits P8 and P11 notices were also issued to the 5 th Respondent on 03/03/2026 and 17/03/2026. 4. Meanwhile, petitioners filed the above Writ Petition before this Hon’ble Court. On 24/03/2026, this Hon’ble Court was pleased to pass the Interim Order directing that the 2 nd respondent will visit the alleged construction site of the 5 th respondent and whether there is any violation and to take necessary steps if there is any violation. Immediately after receiving the Interim Order passed by this Hon’ble Court, | had visited the construction site of the 5 th respondent on 28/03/2026. It was found that the unauthorized construction carried out by the 5 th respondent as stated in the aforesaid notices were not seen removed. Immediately after receiving the Interim Order passed by this Hon’ble Court, | had visited the construction site of the 5 th respondent on 28/03/2026. It was found that the unauthorized construction carried out by the 5 th respondent as stated in the aforesaid notices were not seen removed. The 5 th respondent was directed to remove the unauthorized construction immediately and to report the same. Since there was no response from the part of the 5 th respondent, on 05/04/2026, site Inspection was conducted and it was found that the unauthorized constructions were not seen removed. 5. It is humbly submitted that, the 5 th respondent was served with a notice dated 07/04/2026 directing to remove the unauthorized construction within 3 days and to report the same before the panchayat and further to shift the toilet door and to construct ramp in the building. The true copy of the Notice No. 4578952-2025 dated 07/04/2026 issued by the Secretary, Nedumpana Grama Panchayat to the 5 th Respondent is produced herewith and marked as Exhibit R2(a) . Since the above writ petition was posted before this Hon'ble Court on 10/04/2026, I had visited the site on 09/04/2026 to understand the existing status of the construction. It was then informed that coercive steps need not be taken and the unauthorized constructions would be removed voluntarily. 6. It is submitted that on 13/04/2026, site inspection was conducted. It was found that out of the directions given in Exhibit R1(a) notice, the toilet door was seen shifted from the existing place to the opposite side. It was found that ramp was also seen constructed based on the direction issued as per Exhibit R1(a) notice. Though it was informed that the septic tank newly constructed was closed, and the toilet was reconnected to another tank, it was not able to confirm the same during course of inspection because, the floor in front of the shop room was fully tiled. Apart from that, the unauthorized construction carried out in front of the shop room including the car parking area was not seen removed. Hence notice dated 18/04/2026 was issued to the 5 th respondent directing to remove the unauthorized construction specified therein and also to make necessary arrangements for verification regarding the present status of the septic tank which was constructed in front of the shop room violating the building rules. Hence notice dated 18/04/2026 was issued to the 5 th respondent directing to remove the unauthorized construction specified therein and also to make necessary arrangements for verification regarding the present status of the septic tank which was constructed in front of the shop room violating the building rules. It was informed the 5 th respondent that unless the unauthorized construction is removed voluntarily by the 5 th respondent, the same would be removed by the panchayat by coercive action with the assistance of the police on 27/04/2026 and the costs and necessary expenses that may be incurred for the same would be recovered from the 5 th respondent. The true copy of the Notice No. 5045637-2025 dated 18/04/2026 issued by the Secretary, Nedumpana Grama Panchayat to the 5 th Respondent is produced herewith and marked as Exhibit R2(b). 7. It is humbly submitted that based on the interim order passed by this Hon'ble Court dated 24/03/2026, inspections were conducted and steps have been taken to remove the unauthorized constructions. It is humbly submitted that further action would be taken based on Exhibit R2(b) notice. The other allegations in the writ petition are untrue and hence denied. For the reasons stated above it is most humbly prayed that this Hon'ble Court may kindly be pleased to consider the aforesaid facts and circumstances also while considering the above writ petition and pass appropriate orders in the interest of justice.” 6. The learned counsel for the 5 th respondent submitted that a counter affidavit is filed, in which it is stated that illegal constructions has already removed. The Panchayat will consider the same also. 7. From the above, it is clear that the Panchayat is taking necessary action and a final notice is issued as evident by Ext.R2(b). The necessary consequential steps based on Ext.R2(b) are to be taken within a time frame. Therefore, the writ petition is disposed of with the following directions; i) The 2 nd respondent is directed to take necessary consequential steps based on Ext.R2(b), as expeditiously as possible, at any rate, within one month from the date of receipt of a copy this judgment.