Kerala High Court
Ajeeb M Ali vs Asamannoor Grama Panchayath on 4 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 16143 OF 2024
PETITIONERS:
1 BAVA, AGED 42 YEARS
S/O MOIDEEN, THOTTATHIKUDI HOUSE, KOTTAPADY P O,
ERNAKULAM, PIN - 686692
2 SHAMILA BAVA, AGED 38 YEARS
W/O BAVA, THOTTATHIKUDI HOUSE, KOTTAPADY P O,
ERNAKULAM, PIN - 686692
BY ADVS.
K.R.PRATHISH
S.RENJITH
P.K.SREEVALSAKRISHNAN
S.UNNIKRISHNAN (NELLAD)
K.R.SUNIL KUMAR
KRISHNA DAS
RESPONDENTS:
1 ASAMANNOOR GAMA PACHAYAT,
ASAMANNOOR P.O., ERNAKULAM,
REPRESENTED BY ITS SECRETARY, PIN - 683549
2 THE SECRETARY,
ASAMANNOOR GAMA PACHAYAT,
ASAMANNOOR P.O., ERNAKULAM, PIN - 683549
3 AJEEB ALI, AGED 48 YEARS
S/O ALIYAR, MULADAN HOUSE,
ASAMANNOOR P.O, ASAMANNOOR VILLAGE,
KUNNATHUNAD TALUK, ERNAKULAM DISTRICT, PIN - 683549
BY ADV K.S.ARUN KUMAR-SC
OTHER PRESENT:
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, ALONG WITH WP(C).1860/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS. 16143 & 1860 OF 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 1860 OF 2024
PETITIONER:
AJEEB M ALI, AGED 48 YEARS
SON OF ALIYAR, MULADAN HOUSE, ASAMANNOOR P.O.,
ASAMANNOOR VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM
DISTRICT, PIN - 683549
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 ASAMANNOOR GRAMA PANCHAYATH,
ASAMANNOOR P.O., ERNAKULAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 683549
2 THE SECRETARY,
ASAMANNOOR GRAMA PANCHAYATH,
ASAMANNOOR P.O., ERNAKULAM DISTRICT, PIN - 683549
3 THE INSPECTOR OF POLICE,
KURUPPUMPADY POLICE STATION,
ERNAKULAM DISTRICT, PIN - 683545
4 BAVA, AGED 42 YEARS
SON OF MOIDHEEN, THOTTATHIKUDI HOUSE,
KOTTAPADY P.O., ERNAKULAM DISTRICT, PIN - 686692
5 SHAMILA BAVA,
WIFE OF BAVA, THOTTATHIKUDI HOUSE,
KOTTAPADY P.O., ERNAKULAM DISTRICT, PIN - 686692
BY ADVS.
SRI.K.S.ARUN KUMAR-SC
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.06.2024, ALONG WITH WP(C).16143/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOS. 16143 & 1860 OF 2024
3
MOHAMMED NIAS C.P., J.
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W.P.(C).Nos. 16143 & 1860 of 2024
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Dated this the 4th day of June, 2024
JUDGMENT
W.P(C) No.1860 of 2024 has been filed by the petitioner seeking implementation of Ext.P3 stop memo with the assistance of the third respondent and thereby preventing the alleged illegal construction of respondent Nos. 4 and 5 without leaving sufficient space as per the building rules from the property of the petitioner. WP(C)No.16143 of 2024 has been filed by respondents 4 and 5 in W.P.(C) 1860/2014 for quashing Ext.P6 stop memo dated 04-12-2023.(same as Ext P3 in the other writ petition)
2. The Panchayat has filed a counter affidavit in W.P(C) No.1860 of 2024, which reads as follows;-
"6. It is humbly submitted that, on 04.12.2023 the petitioner filed complaint before the Panchayat that the building constructed by the 4th and 5th respondents was being constructed without maintaining sufficient setback from the adjacent building of the petitioner. An inspection has conducted by the Panchayat officials found that there was some construction works has going on the site. According to that, a stop memo was issued by the Panchayat.
7. It is humbly submitted that 4th and 5th respondent informed that the distance between the buildings was cleared, but as the boundaries were disputed, the Assistant Engineer directed him to produce the revenue sketch marked by the Taluk Surveyor. Again on WP(C) NOS. 16143 & 1860 OF 2024 4 10.01.2024, a letter was issued to the 4th and 5th respondents on the report of the Assistant Engineer that although the 4th and 5th respondents produced the sketch, the set back cannot be determined as per the sketch as the west side of the property was not demarcated.
8. It is humbly submitted that on 23.01.2024 the 4th and 5th respondents has informed that the boundary has been constructed on the West side. As per the said information, an inspection has conducted by the Panchayat officials on the site and reported that there was maintained sufficient set back. Therefore, now there is no other deficiencies rectified and permit can be grant to 4th and 5th respondents.''
3. In view of the the statements above referred to mentioned in the counter affidavit filed by the Panchayat, that certain defects noticed were cured by respondents Nos. 4 and 5 (who are also the petitioners in WP(C) No.16413 of 2024), the stop memo dated 04.12.2023 is quashed. There will be a direction to the Panchayat to ensure that no construction is carried out in violation of the permit granted and if the same occurs, it will be open to the petitioner in W.P(C) No.1860 of 2024, to bring the same to the notice of the Secretary of the Panchayat, who will then take appropriate action on the complaint of illegal construction in accordance with law.
The writ petitions are disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE vnk/ WP(C) NOS. 16143 & 1860 OF 2024 5 APPENDIX OF WP(C) 1860/2024 PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 1.7.2023 ISSUED BY THE ASAMANNOOR VILLAGE OFFICER EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 1.12.2023 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P3 TRUE COPY OF THE STOP MEMO ISSUED BY THE SECOND RESPONDENT TO THE FOURTH AND FIFTH RESPONDENT DATED 4.12.2023 EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 8.12.2023 ISSUED BY THE SECOND RESPONDENT EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM DATED 1.12.2023 EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 13.12.2023 ISSUED BY THE DISTRICT COLLECTOR RESPONDENT EXHIBITS :
EXHIBIT R4(a) TRUE COPY OF THE SALE DEED NO.1383/1/23 OF KURUPPAMPADY SUB REGISTRAR OFFICE DATED 03.06.2023 EXHIBIT R4(b) TRUE COPY OF THE DECREE DATED 01.04.2023 OF MUNSIFF COURT PERUMBAVOOR IN OS NO.21 OF 2023 EXHIBIT R4(c) TRUE COPY OF THE MEDIATION AGREEMENT DATED 13.03.2023 ALONG WITH SKETCH IN OS NO.21 OF 2023 OF MUNSIFF COURT PERUMBAVOOR EXHIBIT R4(d) TRUE COPY OF THE BUILDING PERMIT DATED 02.05.2023 ISSUED BY THE 1ST RESPONDENT EXHIBIT R4(e) TRUE COPY OF THE NOTICE DATED 10.01.2024 ISSUED BY THE 1ST RESPONDENT TO THIS RESPONDENTS EXHIBIT R4(f) TRUE COPY OF THE REPLY NOTICE DATED 23.01.2024 ISSUED BY THE THIS RESPONDENTS TO THE 1ST RESPONDENT WP(C) NOS. 16143 & 1860 OF 2024 6 APPENDIX OF WP(C) 16143/2024 PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 03.06.2023 BEARING NO.1383/I/23 OF KURUPPAMPADY SUB REGISTRAR OFFICE EXHIBIT P2 TRUE COPY OF THE DECREE DATED 01.04.2023 IN OS NO.21 OF 2023 OF MUNSIFF COURT PERUMBAVOOR EXHIBIT P3 TRUE COPY OF THE MEDIATION AGREEMENT DATED 13.03.2023 ALONG WITH SKETCH IN OS NO.21 OF 2023 OF MUNSIFF COURT PERUMBAVOOR EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT DATED 02.05.2023 ISSUED BY THE PANCHAYAT EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 10.01.2024 ISSUED BY THE PANCHAYAT TO THE PETITIONERS EXHIBIT P6 TTRUE COPY OF THE STOP MEMO DATED 04.12.2023 ISSUED BY THE PANCHAYAT TO THE PETITIONERS EXHIBIT P7 TRUE COPY OF THE REPLY NOTICE DATED 23.01.2024 ISSUED BY THE PETITIONERS TO THE PANCHAYAT EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 17.01.2024 IN WPC NO. 1860 OF 2024 OF THIS HON'BLE COURT EXHIBIT P9 TRUE COPY OF THE COUNTER AFFIDAVIT IN WPC NO. 1860 OF 2024 DATED 06.04.2024 FILED BY THE 1ST AND 2ND RESPONDENTS BEFORE THIS HON'BLE COURT ON 08.04.2024 // True Copy // PA To Judge