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. 4335 OF 2022
PETITIONER:
MEENAKSHI V.V
AGED 62 YEARS
W/O. KANNAN V.V., VADAKKE VEETTIL HOUSE,
THADIYANKOVVAL, UDINOOR P.O, HOSDURG TALUK, KASARGODE
DISTRICT, PIN - 671 310
BY ADVS.
M.ANUROOP
SHIJU PUTHIYA PURAYIL
RESPONDENTS:
1 PADANNA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, PADANNA, HOSDURG TALUK,
KASARGODE DISTRICT, PIN - 671 312
2 THE SECRETARY
PADANNA GRAMA PANCHAYATH, PADANNA, HOSDURG TALUK,
KASARGODE DISTRICT, PIN - 671 312
3 SHYNU PONNARIYAN
AGED 39 YEARS
D/O. CHANDRAMATHI, THADIYANKOVVAL, UDINOOR P.O, HOSDURG
TALUK, KASARGODE DISTRICT, PIN - 671 310
BY ADVS.
PUSHPARAJAN KODOTH
K.JAYESH MOHANKUMAR - R3
VANDANA MENON
VIMAL VIJAY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4335 OF 2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 4335 of 2022
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Dated this the 29th day of June, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(a) call for the records leading upto Ext.P4 Lawyer Notice and direct the 1st respondent to conduct further enquiry regarding the building permit.
(b) direct the 1st respondent to consider Ext.P4 Lawyer Notice by affording an opportunity for the petitioner to redress his grievance regarding the construction of the building by the 3 rd respondent which is an unauthorised construction.
(c) direct the 1st respondent to cancel the building permit which is issued in favour of the 3 rd respondent in the event of her failure to produce all the documents relating to building constructed in R S No.134/2pt 113 of Padanna Grama Panchayath.
(d) pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time."[SIC]
2. The main grievance of the petitioner is that the construction made by the 3rd respondent is violating WP(C) NO. 4335 OF 2022 3 certain building Rules. The same is disputed by the counsel for the 3rd respondent. The counsel takes me through Ext.P2 photographs. I do not want to make any observation about the same. The counsel for the 3 rd respondent submitted that the construction is already over and the 3rd respondent is residing in the house.
3. If the petitioner has got any grievance against the construction or against the building, the petitioner is free to approach the 2nd respondent with a representation and if such a representation is received, the 2nd respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner and the 3rd respondent.
Therefore this writ petition is disposed of in the following manner:
i. If the petitioner has got any grievance about the building of the 3rd respondent, the petitioner is free to submit a representation before the 2nd respondent, within a period of two weeks from the date of receipt of a copy of this judgment.
WP(C) NO. 4335 OF 2022 4 ii. Once such a representation is received, the 2 nd respondent will consider the same and pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of the representation.
iii. Before passing final orders, an opportunity of hearing should be given to the petitioner and the 3 rd respondent.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 4335 OF 2022 5 APPENDIX OF WP(C) 4335/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE UDINOOR VILALGE OFFICER DATED 25-01-2022 EXHIBIT P2 TRUE COPY OF THE PHOTOGRAPHS OF THE LIE OF THE BUILDING OF THE 3RD RESPONDENT AND OLD MUD HOUSE OF THE PETITIONER EXHIBIT P3 TRUE COPY OF THE CAVEAT O.P FILED BY THE 3RD RESPONDENT AGAINST THE PETITIONER DATED 29-01-2022 EXHIBIT P4 TRUE COPY OF THE LAWYER NOTICE DATED 10-01-2022 ISSUED TO THE 1ST RESPONDENT RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE