IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 21757 OF 2019
PETITIONER:
P.V.VARGHESE, AGED 58 YEARS
S/O.P.C.VARGHESE,KAILATH HOUSE,
KARAMOODU,MANJALLOOR,PATHANAPURAM,KOLLAM-689695.
BY ADVS.
K.S.HARIHARAPUTHRAN
SMT.BHANU THILAK
RESPONDENTS:
1 PATHANAPURAM GRAMA PANCHAYAT,
PATHANAPURAM.P.O,KOLLAM-689695,
REPRESENTED BY ITS SECRETARY.
2 SECRETARY,
PATHANAPURAM GRAMA PANCHAYAT,
PATHANAPURAM.P.O,KOLLAM-689695.
3 CHIEF TOWN PLANNER,VIGILANCE, LSGD,
GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.
4 BUKARI.A,AGED 44 YEARS
S/O ABDUL AZEEZ,BUKARI MANZIL,
NADUKUNNU,PATHANAPURAM.P.O,
KOLLAM-689695.
ADDL.R5 STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, 695001.
[ADDL.R5 IS IMPLEADED AS PER ORDER DATED
29/08/2019 IN IA-1/2019 IN WP(C) 21757/2019]
BY ADVS.
SRI.V.PHILIP MATHEW, SC, GRAMA PANCHAYAT, KOLLAM
SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.21757/2019
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.21757 of 2019
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Dated this the 14th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ in the nature of certiorari or any other writ, order or direction calling for the records culminated in the issuance of Exts. P5 notice and quash the same.
ii. Issue and order staying the operation and implementation of Ext.P5 notices, till the disposal of the above Writ Petition.
iii. Issue such other order or direction as this Hon'ble Court deems fit and proper to grant in the nature and course of the proceedings.
(SIC)
2. The petitioner mainly challenged Ext.P5. According to the petitioner, Ext.P5 order is passed without giving an opportunity of hearing to the petitioner.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondents 1 and 2. I also W.P.(C).No.21757/2019 3 heard the learned Government Pleader who is appearing for respondents 3 and 5.
4. The learned counsel for the petitioner reiterated his contentions in the writ petition. On the other hand, the learned Standing Counsel for respondents 1 and 2 submitted that Ext.P5 is issued in the light of Ext.R1(a) issued by the Government. The learned Standing Counsel also takes me through the recommendations issued by the Chief Town Planner (Vigilance) based on which the Government issued Ext.R1(a).
5. This Court considered the contentions of the petitioner and the respondents. I perused Ext.R1(a) in which the report of the Chief Town Planner (Vigilance) is also enclosed. In the report of the Chief Town Planner, certain recommendations are given. It will be better to extract those recommendations:
"Recommendations In the light of the above findings, the following directions may be issued to the Secretary, Pathanapuram Grama Panchayat.
1. To cancel the occupancy certificate issued to the building and to take action against the W.P.(C).No.21757/2019 4 unauthorised construction.
2. To verify whether the existing (G+1) Kailath Financers Office building violates Section 220(b) of Kerala Panchayat Raj Act.
3. To take action against the officials responsible for the grant of building permit violating Rules 27(5) &37(1) of KPBR'11.
4. To take action against the officials responsible for the grant of occupancy certificate violating Rules 27(4), 27(5), 27(11), 37(1) and 37(5) of KPBR'11.
5. To submit an action taken report to the Government."
6. These findings are arrived by the Chief Town Planner (Vigilance), without giving an opportunity of hearing to the petitioner who is the affected party in this case. Based on the same, the Government passed Ext.R1(a) and consequently Ext.P5 is passed by the Panchayat. According to me, there is injustice to the petitioner because these orders are passed behind his back. Therefore I think the writ petition can be disposed directing the petitioner to file a representation before the 3rd respondent narrating his grievance and there can be a direction to the 3rd respondent to consider that representation after giving an opportunity of hearing to the W.P.(C).No.21757/2019 5 petitioner and the Panchayat so that there will be quietus to the entire issue.
Therefore, this writ petition is disposed of in the following manner:
1. The petitioner is free to file a representation narrating his grievance raised in this writ petition before the 3rd respondent, within three weeks from the date of receipt of a copy of this judgment.
2. Once such a representation is received, the 3 rd respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, 1 st respondent Panchayat and the 4th respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of the representation.
3. Status quo as on today will continue till final orders are passed by the 3rd respondent.
4. The 3rd respondent will consider the representation untrammeled by any of the W.P.(C).No.21757/2019 6 observations in the recommendation produced along with Ext.R1(a).
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.21757/2019
7
APPENDIX OF WP(C) 21757/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT
DTD.13.06.2014
EXHIBIT P2 TRUE COPY OF THE NOTICE NUMBER B2-
2980/19 DTD.03.05.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE APPLICATION DTD.20.05.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPLY DTD.14.06.2019 SUBMITTED BY THE PETITIONER AGAINST EXT.P2 NOTICE EXHIBIT P5 TRUE COPY OF THE ORDER DTD.12.07.2019 ISSUED BY THE 2ND RESPONDENT.
RESPONDENT EXHIBITS EXHIBIT R1(a) COPY OF COMMUNICATION DATED 4/10/2018 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT ALONG WITH REPORT DATED 21/8/2018 SUBMITTED BY THE 3RD RESPONDENT.
EXHIBIT R1(b) COPY OF COMMUNICATION DATED 29/5/2019 ISSUED TO THE PETITIONER