Gigi P Chacko vs Pirayiri Grama Panchayat
2021 Latest Caselaw 11418 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.5017 OF 2021(B)


PETITIONER:

               GIGI P CHACKO
               W/O. TELIN THAMPI, BETHEL KOLLANNUR HOUSE,
               AYYAPPANKAVU, PIRAYIRI, PALAKKAD-678004.

               BY ADVS.
               SRI.SAJAN VARGHEESE K.
               SRI.LIJU. M.P
               SRI.JOPHY POTHEN KANDANKARY

RESPONDENTS:

      1        PIRAYIRI GRAMA PANCHAYAT
               KODUNTHIRAPULLI POST, PALAKKAD-678004, REP. BY THE
               SECRETARY.

      2        THE SECRETARY,
               PIRAYIRI GRAMA PANCHAYAT, KODUNTHIRAPULLI POST,
               PALAKKAD-678004.

               R1-2 BY ADV. SRI.NAGARAJ NARAYANAN
               R1-2 BY ADV. SRI.SAIJO HASSAN
               R1-2 BY ADV. SRI.BENOJ C AUGUSTIN
               R1-2 BY ADV. SRI.U.M.HASSAN
               R1-2 BY ADV. SMT.P.PARVATHY
               R1-2 BY ADV. SMT.AATHIRA SUNNY
               R1-2 BY ADV. SHRI.MANAS P HAMEED
               R1-2 BY ADV. SHRI.ABDUL RASHEED N.
               R3 BY ADV. SRI.VINOD KUMAR.C

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
          ==================
               W. P. (C) No.5017 of 2021
          ==================
           Dated this the 8th day of April, 2021

                           JUDGMENT

The petitioner is aggrieved by non-

consideration of his regularization application

submitted in relation to certain additional

constructions in his property, by the second

respondent Panchayat Secretary. The application was

submitted on 02.06.2020. The reason for non-

consideration, as is evident from Ext.P8

communication dated 07.01.2021, is the pendency of

a suit before the Munsiff's Court, Palakkad as OS

467/2019 between the one Sri.Natarajan and the

Panchayat.

2. The property belonging to the petitioner

having an extent of 1.68 Ares in RS 496/4-1 was

purchased by him as per Ext.P1 Sale Deed from the

aforementioned Natarajan. The said Natarajan owns

further extent of property on the eastern side.

There is dispute between the Panchayat and

Natarajan in respect of the property held by him W. P. (C) No.5017 of 2021

situated in RS 496/8, in relation to which OS

467/2019 has been filed by Natarajan against the

Panchayat and is pending. The regularization

application submitted by the petitioner is kept

aside citing the pendency of the suit.

3. Noticeably, the dispute between the

Panchayat and the petitioner's vendor Natarajan is

in respect of the property in RS 496/8 whereas the

property purchased by the petitioner is in RS

496/4-1. Therefore, apparently non-consideration of

the application citing the pendency of the suit

cannot be appreciated. That apart, the petitioner

has filed an affidavit in support of IA 2/21 in the

writ petition, with the following undertaking:-

"I hereby unconditionally undertake that in case at any point of time if it is found that I hold property in resurvey no.496/8 and as such I am supposed to surrender any land on that count, I would be surrendering the same to the Panchayat or other authorities without any resistance and objection which may be recorded."

W. P. (C) No.5017 of 2021

4. In view of the above, there could be no

justification for non-consideration of the

regularization application submitted by the

petitioner.

Accordingly the writ petition is disposed of

directing the second respondent to consider the

regularization application-Ext.P6 submitted by the

petitioner, irrespective of the pendency of OS

467/19 referred to in Ext.P8 communication, and

pass appropriate orders thereon, as expeditiously

as possible and at any rate within a period of one

month from the date of receipt of a copy of this

judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.5017 OF 2021(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEED NO.3286/2019 OF SRO, PALAKKAD.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 5.3.2020 ISSUED IN RESPECT OF THE LAND COVERED IN EXHIBIT P1.

EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT DATED 25.5.2020 ISSUED BY THE VILLAGE OFFICE.

EXHIBIT P4 TRUE COPY OF THE DEED NO.3752/1996 OF SRO, PALAKKAD.

EXHIBIT P5 THE PLAN SUBMITTED FOR REGULARISATION.

EXHIBIT P6 TRUE COPY OF THE APPLICATION SUBMITTED FOR REGULARIZATION.

EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 2.6.2020 ISSUED ON SUBMITTING EXHIBIT P6.

EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 7.1.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 23.9.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE PLAINT IN OS NO.467/2019 ON THE FILE OF MUNSIFF'S COURT, PALAKKAD.

EXHIBIT P11 TRUE COPY OF THE WRITTEN STATEMENT FILED IN EXHIBIT P10 SUIT.

EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED 7.12.2020 ISSUED BY THE TAHSILDAR (LAND RECORDS), PALAKKAD TO THE 2ND RESPONDENT.

EXHIBIT P13 THE SKETCH OF THE PROPERTY COVERED IN EXHIBIT P1.

EXHIBIT P14 TRUE COPY OF THE SKETCH PREPARED BY THE VILLAGE OFFICER REGARDING THE PROPERTIES COMPRISED IN SURVEY NO.496/8.

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