Kunhalavi Karippayi vs Kalikavu Grama Panchayath

Citation : 2024 Latest Caselaw 10879 Ker
Judgement Date : 12 April, 2024

Kerala High Court

Kunhalavi Karippayi vs Kalikavu Grama Panchayath on 12 April, 2024

W. P. (C) No. 15520/2024

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             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                           WP(C) NO. 15520 OF 2024
PETITIONER:

              KUNHALAVI KARIPPAYI, AGED 58 YEARS,
              S/O ABDU, PERMANENT RESIDENCE AT THEKKEDATH
              KARIPPAYI, KURUPOYIL, KALIKAVU, VELLAYUR,
              MALAPPURAM DISTRICT. PRESENT ADDRESS AT HIGHWAY
              FOR EXPORT & IMPORT BUILDING, BUILDING 20, BLOCK
              314, ROAD 336, OFFICE 1034, LULU CENTRE, AL
              NAIM, MANAMA, BAHRAIN. [PASSPORT NO. T2402108],
              PIN - 679327

              BY ADVS.M/S.ADITHYA RAJEEV, S.PARVATHI &
              SAFA NAVAS


RESPONDENTS:

      1       KALIKAVU GRAMA PANCHAYATH,
              REPRESENTED BY ITS SECRETARY, KALIKAVU P.O.,
              MALAPPURAM DISTRICT, PIN - 676525.

      2       SECRETARY,
              KALIKAVU GRAMA PANCHAYATH,KALIKAVU
              P.O,MALAPPURAM DISTRICT, PIN - 676525.

      3       DEPARTMENT OF FIRE AND RESCUE SERVICES,
              REPRESENTED BY THE DIRECTOR GENERAL,FIRE FORCE
              JUNCTION,PULIMOODU P.O,THIRUVANANTHAPURAM, PIN -
              695001.

      4       DISTRICT FIRE OFFICER,
              OFFICE OF THE DISTRICT FIRE OFFICER,MUNDUPARAMBU
              P.O,MALAPPURAM, PIN - 676509.
 W. P. (C) No. 15520/2024

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      5          DISTRICT TOWN PLANNER,
                 DISTRICT TOWN PLANNING OFFICE, MALAPPURAM
                 DISTRICT, PIN - 676505.

                 BY ADV. SRI. EBIN MATHEW

                 SRI.AYYAPPAN SANKAR, SC




          THIS    WRIT     PETITION   (CIVIL)    HAVING    COME    UP    FOR
ADMISSION         ON   12.04.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W. P. (C) No. 15520/2024

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                           MOHAMMED NIAS C. P. , J.
                =================================
                      W. P. (C) No. 15520 of 2024
                =================================
                   Dated this the 12th day of April, 2024


                                JUDGMENT

The petitioner challenges Ext.P-5 stop memo issued to the petitioner on 25.3.2024. The petitioner has given a reply to Ext.P-5 as is seen from the acknowledgement, Ext.P-9 issued by the Panchayat.

2. It is for the Panchayat to consider the objections submitted by the petitioner and take a decision on the continuance of Ext.P-5 at the earliest, at any rate within three weeks from the date of receipt of a copy of this judgment. The coercive actions stated in Ext.P-5 will be kept in abeyance till the Panchayat takes a decision as directed above. All other prayers and contentions of the petitioner are left open.

The Writ Petition is disposed of accordingly.

Sd/-

MOHAMMED NIAS C. P. , JUDGE MMG W. P. (C) No. 15520/2024 ..4..

APPENDIX OF WP(C).NO.15520/2024 PETITIONER'S EXHIBITS:

EXHIBIT-P1 A TRUE COPY OF THE NOTICE DATED 22-06- 2022 ISSUED BY THE 2ND RESPONDENT EXHIBIT-P2 A TRUE COPY OF THE NOTICE DATED 27-08- 2022 ISSUED BY THE 2ND RESPONDENT EXHIBIT-P3 A TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT EVIDENCING REMITTANCE OF FEE FOR REGULARIZATION DATED 15.09.2022 EXHIBIT-P4 A TRUE COPY OF THE REPLY DATED NIL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT-P5 A TRUE COPY OF THE NOTICE DATED 25.03.2024 ISSUED BY THE 2ND RESPONDENT EXHIBIT-P6 PHOTOGRAPHS OF THE RAMPS INSTALLED IN THE BUILDING EXHIBIT-P7 A TRUE COPY OF THE FIRE AND SAFETY INSTALLATION CERTIFICATE DATED 16.08.2020 ISSUED BY FOCUS FIRE AND SAFETY SOLUTIONS EXHIBIT-P8 A TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION DATED 28.03.2024 SUBMITTED BY THE PETITIONER BEFORE THE FIRE AND RESCUE DEPARTMENT EXHIBIT-P9 A TRUE COPY OF THE REPLY DATED 02-04-

2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH ACKNOWLEDGMENT RECEIPT DATED 03-04- 2023 ISSUED BY THE 1ST RESPONDENT