Kunchandy Chacko vs State Of Kerala
2021 Latest Caselaw 16300 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                       WP(C) NO. 17465 OF 2020
PETITIONERS:

    1     KUNCHANDY CHACKO
          AGED 73 YEARS
          S/O.KUNCHANDY,
          RESIDING AT PULIYAMKUNNU,
          CHERUVAKKAL.P.O,
          AYOOR(VIA),KOLLAM.

    2     SARAMMA,
          AGED 69 YEARS
          W/O.KUNCHANDY CHACKO,
          RESIDING AT PULIYAMKUNNU,
          CHERUVAKKAL.P.O,
          AYOOR(VIA),
          KOLLAM.

          BY ADVS.
          M.K.CHANDRA MOHANDAS
          SRI.SHAKTHI PRAKASH
          SHRI.HARIKRISHNAN M.S.


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECREATARY,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE TAHSILDAR,
          OFFICE OF THE TAHSILDAR,
          FIRST FLOOR,
          MINI CIVIL STATION,
          KOLLAM-TENKASI ROAD,
          PANAMKUTTYMALA,
          PUNALUR,KERALA-691305.

    3     EDAMULAKKAL PANCHAYAT,
          REPRESENTED BY ITS SECRETARY,
          EDAYAM.P.O,
          ARAKKAL,
 WP(C) NO.17465 OF 2020                2



             PUNALUR,
             KOLLAM-691333.

     4       DISTRICT TOWN PLANNING COMMITTEE FOR REGULARIZATION
             OF UNAUTHORISED CONSTRUCTION
             IN EDAMULAKKAL GRAMA PANCHAYAT,
             REPRESENTED BY ITS CONVENER,
             OFFICE OF THE DISTRICT TOWN PLANNER,KOLLAM-691001.

             BY ADVS.
             BY R1, R2, & R4 - ADV.SRI.RAJIV JYOTHIS GEORGE
                               GOVERNMENT PLEADER

             BY R3 - ADV.SRI.MANOJ RAMASWAMY - STANDING COUNSEL




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   04.08.2021,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.17465 OF 2020           3




                          JUDGMENT

Dated this the 4th day of August 2021

The petitioners had constructed a shopping complex

in the 17 cents of land comprised in Survey No.137/5 and

137/8 in Block No.27 of Edamulakkal Village, Kollam District

owned by them. The grievance of the petitioners is that the

Panchayath is not assigning building number to the said

building after regularising certain unauthorised construction.

2. A statement has been filed on behalf of the

Panchayath, wherein it is stated that the petitioners had made

an application for regularisation of the unauthorised

construction and it is in view of the said unauthorised

constructions the building is not numbered. The petitioners

have undertaken that the unauthorised constructions would be

removed. The stand of the Panchayath is that, if the

unauthorised construction is removed as undertaken by the

petitioners before the Panchayath they will consider the

application for numbering the building.

3. Heard the learned counsel for the the petitioners as

well as the learned Government Pleader and the learned

counsel for the Panchayath.

4. An affidavit dated 12.02.2021 is filed by the

petitioners stating that the petitioners have removed the

constructions which the Panchayath refers to as unauthorised

construction. The photograph of the building after removing

the unauthorised structures are also produced along with the

affidavit.

The learned counsel for the Panchayath also submits

that the petitioners had removed the unauthorised structures.

In said circumstances, there will be a direction to the 3 rd

respondent Panchayath to consider and pass orders on the

application of the petitioners for numbering the building. This

shall be done within a period of one month from the date of

receipt of copy of this judgment.

Accordingly, this writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SMF

APPENDIX OF WP(C) 17465/2020

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 17.03.2020 OF THIS HON'BLE HIGH COURT.

EXHIBIT P2          TRUE   COPY       OF   THE  PROCEEDINGS   DATED
                    15.07.2020        OF    THE   2ND    RESPONDENT
                    TAHSILDAR.

EXHIBIT P3          TRUE COPY OF THE ORER NO.TCPKLM/223/2020/C
                    DATED   09.07.2020  PASSED   BY  THE   4TH
                    RESPONDENT COMMITTEE.

EXHIBIT P4 SERIES   COPIES   OF    PHOTOGRAPHS       SHOWING    THE
                    TEMPORARY CONSTRUCTION.

EXHIBIT P5          PHOTOGRAPHS     SHOWING          REMOVAL     OF
                    UNAUTHORISED CONSTRUCTION.




                         //TRUE COPY//

                          PA TO JUDGE