Kerala High Court
Azees Kuniyil vs The Atholi Grama Panchayath on 11 April, 2024
W. P. (C) No. 11243/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 11243 OF 2024
PETITIONER:
AZEES KUNIYIL, AGED 57 YEARS,
S/O. MOIDEEN, KUNIYIL HOUSE, KOLATHUR, ATHOLI,
KOZHIKKODE DISTRICT, PIN - 673315.
BY ADVS.M/S.BABU S. NAIR, SMITHA BABU,
P.A.RAJESH, SHAMSEERA. C.ASHRAF, PRANAV,
K.P.DHANEESH & SIDDHARTH KARUN PISHARODY
RESPONDENTS:
1 THE ATHOLI GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, ATHOLI P.O.,
KOZHIKKODE DISTRICT, PIN - 673315.
2 THE SECRETARY,
THE ATHOLI GRAMA PANCHAYATH, ATHOLI P.O.,
KOZHIKKODE DISTRICT, PIN - 673315.
3 SHAJI T.M.,
THEKKEMAVEETIL HOUSE, ATHOLI P.O., KOZHIKKODE
DISTRICT, PIN - 673315.
SRI.K.P.SUDHEER, SC, ATHOLI GRAMA PANCHAYAT
ADVS. M/S. M.PROMODH KUMAR & MAYA CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 11243/2024
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MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 11243 of 2024
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Dated this the 11th day of April, 2024
JUDGMENT
The petitioner challenges Ext.P-3 stop memo issued by the Panchayat based on the complaint filed by the 3 rd respondent who alleged that damage was caused to his house due to the construction carried out by the petitioner.
2. A report was obtained by the panchayat from the National Institute of Technology (NIT) after site inspection and produced by the Panchayat as per Anx.R-1(a), which reads thus:
"5. CONCLUDING REMARKS Based on the inspection conducted, the following conclusions are drawn.
1. The development of cracks in the house of Mr. Shaji T.M. is inferred to be due to the jerking/lateral movement of the building caused by the unscientific driving of the steel I sections through the lateritic strata (locally called Vayalkkanippara) over which the building is founded.
2. There are functional issues including possible leakage during rainy seasons. The house needs to be repaired urgently, following the suggestions given in this report.
3. Though there are distresses and functional issues, there is no threat to the stability of the building at present. However, it should be ensured that construction when continued in the nearby worksite, is not adversely affecting W. P. (C) No. 11243/2024 ..3..
the stability of the building. The parties responsible are to be given strict instructions to follow scientific and standard construction procedures in future."
3. In view of the above, it is for the Panchayat to take appropriate steps to ensure that the construction of the petitioner does not cause any damage to the house of the third respondent and that the construction is strictly in accordance with Ext.P-1 permit granted on 1.6.2022.
4. The learned counsel for the petitioner submits that the piling work is already over. This is recorded. The Panchayat will ensure that the concluding remarks in the report of the NIT are strictly complied with by the petitioner while proceeding with the construction as per Ext.P-1 building permit. In view of the above developments and timelimit in the stop memo having expired, no further orders are required in this Writ Petition and the same is accordingly closed.
Sd/-
MOHAMMED NIAS C. P. , JUDGE MMG W. P. (C) No. 11243/2024 ..4..
APPENDIX OF WP(C).NO.11243/2024 PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED TO THE PETITIONER DATED, 1-6-2022 EXHIBIT P2 A TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY FOR THE PAYMENT OF ROYALTY FOR THE REMOVAL OF EARTH DATED, 13-11-2023 EXHIBIT P3 A TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED, 4-3-2024 AS NO.A4-1016/22 RESPONDENTS' EXHIBITS:
EXHIBIT R 1 ( A ) TRUE COPY OF COMPLAINT DATED 02/01/2024 SUBMITTED BY 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT R 1 ( B ) TRUE COPY OF RELEVANT PAGE OF REPORT DATED 12/02/2024 SUBMITTED BY THE ASSISTANT ENGINEER OF THE 1ST RESPONDENT GRAMA PANCHAYAT EXHIBIT R 1 ( C ) TRUE COPY OF LETTER NO. 1042/2024 DATED 12/02/2024 SUBMITTED BY THE 2ND RESPONDENT TO THE DIRECTOR, NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT EXHIBIT R 1 ( D ) TRUE COPY OF COMMUNICATION DATED 29/02/2024 ISSUED BY THE PROFESSOR AND HEAD OF THE DEPARTMENT OF CIVIL ENGINEERING, GOVERNMENT ENGINEERING COLLEGE, KOZHIKODE W. P. (C) No. 11243/2024 ..5..
EXHIBIT R 1 ( E ) TRUE COPY OF REPLY BEARING NO.CED/CON/ ATHOLIGP/01 DATED 04/03/2024 ISSUED BY THE DEPARTMENT OF CIVIL ENGINEERING, NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT TO THE 2ND RESPONDENT.
EXHIBIT R 1 ( F ) TRUE COPY OF LETTER NO.
400964/GGDC08/GPO/2024/1042 (3) DATED 04/04/2024 ISSUED BY THE 2ND RESPONDENT TO THE DIRECTOR, NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT ANNEXURE R 1 ( A ) A TRUE COPY OF THE REPORT ON THE INSPECTION OF THE HOUSE OF 3RD RESPONDENT SUBMITTED BY THE NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT AND DATED 8.4.2024 ANNEXURE R 1 ( B ) TRUE COPY OF THE BILL DATED 08.4.2024 ISSUED BY NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT TO THE 1ST RESPONDENT