Kerala High Court
Rahiana P. P vs Vaniyamkulam Grama Panchayath on 12 April, 2024
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. 15598 OF 2024
PETITIONERS:
RAHIANA P. P, AGED 49 YEARS W/O IRASH,PLAZA
1 FOODS,P.O. KOONATHARA,OTTAPALAM TALUK,PALAKKAD
DISTRICT, PIN - 679523
IRASH M.K, AGED 51 YEARS S/O LATE ISMAIL,PLAZA
2 FOODS,P.O. KOONATHARA,OTTAPALAM TALUK,PALAKKAD
DISTRICT, PIN - 679523
BY ADVS. P.JAYARAM O.M.RAVI P.B.AJOY A.M.THOMAS
(AYKAN) ATHUL G.T.
RESPONDENTS:
VANIYAMKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS
1 SECRETARY, P.O. VANIYAMKULAM,OTTAPALAM
TALUK,PALAKKAD DISTRICT, PIN - 679522
THE SECRETARY, VANIYAMKULAM GRAMA
2 PANCHAYATH,OTTAPALAM TALUK,PALAKKAD DISTRICT, PIN
- 679522
ROSHNI RAVEENDRANATHAN, AGED 35 YEARS D/O LATE
RAVEENDRANATHAN,ROOPKRIYAN,P.O.KOONATHARA,OTTAPAL
3 AM TALUK,PALAKKAD DISTRICT,NOW RESIDING AT 302
FLAT,BUILDING 948, 8TH CROSS,HSR SECTOR-
1,BANGALORE, PIN - 560102
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.15598 of 2024
2
JUDGMENT
Dated this the 12th day of April, 2024 Petitioners challenge Exhibit P1 notice issued by the Panchayat alleging unauthorized construction.
2. Petitioner submits that the buildings were put up as per Exhibit P2 permit granted on 24.11.2010. If that is the case of the petitioners, it will be open to the petitioners to give a reply to Exhibit P1 to establish that the construction made by him is in accordance with the permits granted. That apart petitioner has an alternate efficacious remedy against Exhibit P1.
3. In the said circumstances, I am not inclined to grant the reliefs sought for in this writ petition. Operation of Exhibit P1 will stand stayed for one month to enable the petitioners to avail the alternate remedies against Exhibit P1.
This writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE SSK/12/04 W.P.(C) No.15598 of 2024 3 APPENDIX OF WP(C) 15598/2024 PETITIONER EXHIBITS TRUE COPY OF THE ORDER DATED 09/04/2024 ISSUED Exhibit P1 BY THE 2ND RESPONDENT TO THE 1ST PETITIONER TRUE COPY OF THE BUILDING PERMIT NO. 5732/2010 Exhibit P2 DATED 24/11/2010 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT TRUE COPY OF THE SALE DEED NO. 1159 OF 2009, Exhibit P3 SRO SHORNUR TRUE COPY OF THE BASIC TAX RECEIPT DATED Exhibit P4 29/08/2022 ISSUED TO THE 1ST PETITIONER FROM VILLAGE OFFICE, VANIYAMKULAM - I TRUE COPY OF THE LAWYER NOTICE DATED Exhibit P5 08/05/2023 ISSUED TO THE PETITIONERS BY THE 3RD RESPONDENT'S LAWYER TRUE COPY OF THE REPLY LAWYER NOTICE DATED Exhibit P6 31/05/2023 ISSUED BY THE PETITIONERS' LAWYER TO THE 3RD RESPONDENT'S LAWYER TRUE COPY OF THE CAVEAT O.P. NO. NIL DATED Exhibit P7 03/08/2023 FILED BY THE 3RD RESPONDENT BEFORE THE SUB COURT, OTTAPALAM TRUE COPY OF THE CAVEAT O.P. NO. NIL DATED Exhibit P8 03/08/2023 FILED BY THE 3RD RESPONDENT BEFORE THE MUNSIFF COURT, OTTAPALAM TRUE COPY OF THE REPLY NOTICE DATED 14/08/2023 Exhibit P9 SENT BY PETITIONER'S LAWYER TO THE 3RD RESPONDENT'S LAWYER TRUE COPY OF THE REPLY NOTICE DATED 05/09/2023 Exhibit P10 ISSUED BY THE 3RD RESPONDENT'S LAWYER TO THE PETITIONER'S LAWYER TRUE COPY OF THE CAVEAT O.P. NO. NIL DATED Exhibit P11 03/02/2024 FILED BY THE 3RD RESPONDENT BEFORE THE SUB COURT, OTTAPALAM TRUE COPY OF THE CAVEAT O.P. NO. NIL DATED Exhibit P12 03/02/2024 FILED BY THE 3RD RESPONDENT BEFORE THE MUNSIFF COURT, OTTAPALAM