WP(C) NO. 22875 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 22875 OF 2021
PETITIONER/S:
ABDUL RISVAN BIN
AGED 32 YEARS
S/O. MOIDEEN, DARANNUJOOM, POST CHERANDATHOOR, (VIA)
THIRUVALLOOR , VATAKARA, KOZHIKODE DISTRICT,
KERALA , PIN - 673541.
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
JASEERA UMMER, W/O. ABDULRISVAN BIN, DARANNUJOOM,
POST-CHERANDATHOOR(VIA), THIRUVALLOOR, VATAKARA,
KOZHIKODE DISTRICT, KERALA, PIN - 673541.
BY ADVS.
K.RAKESH ROSHAN
THUSHARA.V
RESPONDENT/S:
SECRETARY
MANIYOOR GRAMA PANCHAYATH, POST-PALAYADNADA,
VATAKARA, KOZHIKODE DISTRICT, PIN - 673521.
BY ADVS.
T.M.KHALID, RESP.
K.P.SUSMITHA
VINOD SINGH CHERIYAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 22875 OF 2021 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 22875 of 2021
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Dated this the 9th day of June, 2022
JUDGMENT
The above writ petition is filed with following prayers : "i. Issue a writ of certiorari and quash Exhibit P4, P4(a) , P6 and P8 orders and notice of the respondent, holding it as illegal. ii. Direct the respondent to permit the petitioner to continue with the residential house of the petitioner as per Exhibit P2 building permit, without raising unnecessary illegal objections. iii. Issue such other writ or direction which this Hon'ble Court may deem fit to pass in the circumstances of the case." [SIC]
2. The main challenge is against Ext.P6 order. Admittedly, this is an appealable order. The counsel appearing for the Panchayat submitted that the petitioner has got two options, either to file an appeal before the Tribunal or before the Panchayat Committee.
3. In the light of the same, the petitioner is free to file WP(C) NO. 22875 OF 2021 3 an appeal against Ext.P6 order.
Therefore, this writ petition is disposed of allowing the petitioner to challenge Ext.P6 by filing appeal, in accordance to law.
SD/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 22875 OF 2021 4 APPENDIX OF WP(C) 22875/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ASSIGNMENT DEED WITH REGISTER NO. 3204/2013 OF S R O PAYYOLI. Exhibit P2 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE RESPONDENT OF CONSTRUCTION OF THE RESIDENTIAL HOUSE ALONG WITH THE BUILDING PLAN.
Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER IN RESPECT OF THE PROPERTY COVERED BY EXHIBIT.P1. Exhibit P4 TRUE COPY OF THE NOTICE DATED 31.08.2021 OF THE RESPONDENT.
Exhibit P4(a) TRUE COPY OF THE ORDER DATED 31.08.2021 WITH ORDER NO.C2-4762/2021, ATTACHED TO ABOVE SAID NOTICE.
Exhibit P5 TRUE COPY OF REPLY LAWYER NOTICE GIVEN BY THE PETITIONER TO EXHIBIT P4 AND P4(A) Exhibit P6 TRUE COPY OF THE ORDER DATED 20.09.2021. Exhibit P7 TRUE COPY OF THE KERALA GOVERNMENT CIRCULAR DATED 21.04.2017.
Exhibit P8 TRUE COPY OF THE NOTICE OF RESPONDENT DATED 06.10.2021.
RESPONDENT'S EXHIBITS : EXT.R1(A) COPY OF THE LETTER NO.DCKKC/5794/2021-N4
DATED 14.7.2021 OF DISTRICT COLLECTOR, KOZHIKODE WITH MASS PETITION