IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 22832 OF 2011
PETITIONER
K.BHARATHAN
AGED 36 YEARS, MULLAPPILLY HOUSE,,
POONKUNNAM.P.O, THRISSUR -2.
BY ADV SRI.SHOBY K.FRANCIS
RESPONDENTS
1 MULANKUNNATHUKAVU GRAMA PANCHAYATH & ORS
REP. BY ITS SECRETARY,OFFICE OF,
MULANKMUNNATHUKAVU GRAMA PANCHAYATH,,
GURUVAYOOR.P.O, THRISSUR - 680 581.
2 TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTIONS, THIRUVANANTHAPURAM,, REPRESENTED BY
ITS TRIBUNAL SECRETARY,, OFFICE OF THE LSGI,
THIRUVANANTHAPURAM-695 001.
BY ADVS.
SRI.P.B.KRISHNAN
SRI.P.B.SUBRAMANYAN
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).22832 of 2011
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).22832 of 2011
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Dated : 29th June, 2022
JUDGMENT
1. The above writ petition is filed with the following prayers :
(i) Issue a writ of certiorari and quash Exts.P8 and P11 and its all further proceedings.
(ii) Issue a writ of mandamus directing the 1 st respondent to number the building constructed by the petitioner on the basis of Ext.P1 building permit within a time limit. [SIC]
2. On 22.8.2011 when the writ petition came up for consideration, this Court was pleased to stay all further proceedings consequent to Exts.P8 and P11. The same was extended further on 4.6.2012. Ext.P8 is a stop memo issued by the Panchayath and Ext.P11 is the order of the Tribunal. Subsequently when the matter came up for consideration on 14.6.2013, this Court passed the following order :
WP(C).22832 of 2011 3 "There was no representation for the 1 st respondent when this matter was taken up on 22.5.2013. Therefore the matter was adjourned to this date. Today also there is no representation for the Panchayath. It is evident that the Panchayath has no objection to this petition being allowed. This interlocutory application is therefore allowed. The 1 st respondent is directed to number the building constructed by the petitioner pursuant to Ext.P1 building permit, provisionally, subject to further orders in this writ petition."
3. Accordingly the petitioner obtained a number to his building. Today also there is no representation for the 1 st respondent. This writ petition is pending before this Court from 2011 onwards. No purpose will be served in retaining this writ petition indefinitely. If there is any violation or irregularity on the side of the petitioner in constructing the buildings, 1st respondent is free to issue notice to the petitioner and proceed in accordance with law. In the light of numbering the building, continuation of Ext.P8 andP11 is not necessary and the same can be set aside.
4. This writ petition is therefore disposed of with the following directions.
(i) Exts.P8 and P11 are set aside.
(ii) Interim order dated 14.6.2013 is made absolute.
(iii) Panchayath will give regular number to the WP(C).22832 of 2011 4 petitioner's building in accordance with law.
(iv) If there is any violation or irregularity in the construction, respondent Panchayath is free to proceed in accordance with law after giving notice to the petitioner.
Sd/-
P.V.KUNHIKRISHNAN, Judge Mrcs