Kerala High Court
Abdul Muthaleef vs Pudunagaram Grama Panchayat on 17 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021/28TH MAGHA,1942
WP(C).No.30114 OF 2012(L)
PETITIONERS:
1 ABDUL MUTHALEEF, AGED 47 YEARS,
S/O.ABDUL RAHMAN, ALAYAR KALAM,
ISSATH HOUSE, VANDITHAVALAM (P.O.),
PALAKKAD.
2 AHAMED KABIR, AGED 42 YEARS,
S/O.ABDUL RAHMAN, ALAYAR KALAM,
ISSATH HOUSE, VANDITHAVALAM (P.O.),
PALAKKAD.
3 KAJA HUSSAIN, AGED 37 YEARS,
S/O.ABDUL RAHMAN, ALAYAR KALAM,
ISSATH HOUSE, VANDITHAVALAM (P.O.),
PALAKKAD.
(PETITIONERS 1 AND 2 ARE REPRESENTED BY POWER
AGENT KAJA HUSSAIN, THE 3RD PETITIONER)
4 MUHAMMED NAZAR, AGED 51 YEARS,
S/O.P.A.SHARAFUDHEEN, NADARSHA HOUSE,
POLICE STREET, PUDUNAGARAM (P.O.),
PALAKKAD-678 503.
5 T.V.MOIDEEN, AGED 56 YEARS,
S/O.ABOOBACKER, A.T.HOUSE,
MUNNIYUR (P.O.), MALAPPURAM-676 311.
6 C.MUHAMMED KOYA, AGED 42 YEARS,
S/O.CHANTHKUNJUMOIDEEN, CHANTH HOUSE,
MUNNIYUR (P.O.), MALAPPURAM-676 311.
7 ASSAIN, AGED 53 YEARS,
S/O.KUNHIMOIDEEN, ERAMBATHIL HOUSE,
A.R.NAGAR, OLAKKARA (P.O.),
MALAPPURAM. 676 306.
WP(C) No.30114/2012
:2 :
8 VAHEEDA BEEVI, AGED 33 YEARS,
D/O.E.MOIDEENKUTTY HAJI, VAHEEDA MANZIL,
A.R.NAGAR, OLAKKARA (P.O.),
MALAPPURAM - 676 306.
9 MUSTHAFA, AGED 40 YEARS,
S/O.MOIDEENKUTTY, VADAKKEPURATH HOUSE,
MUNNIYUR SOUTH (P.O.), MALAPPURAM-676 311.
(PETITIONERS 5 TO 9 ARE REPRESENTED BY THE
POWER AGENT SHRI.T.V.MOIDEEN, THE 5TH
PETITIONER).
BY ADV. SRI.U.BALAGANGADHARAN
RESPONDENTS:
1 PUDUNAGARAM GRAMA PANCHAYAT,
PUDUNAGARAM, PALAKKAD,
REPRESENTED BY ITS SECRETARY,
PALAKKAD 678 503.
2 THE SECRETARY, PUDUNAGARAM GRAMA PANCHAYAT,
PUDUNAGARAM, PALAKKAD-678 503.
3 T.S.SALUDHEEN, MINSIYA MANZIL, KOZHIKKADA,
THATHAMANGALAM, PALAKKAD-678 503.
4 K.NILAVARNEESA. MINSIYA MANZIL, KOZHIKKADA,
THATHAMANGALAM, PALAKKAD-678 503.
5 DISTRICT TOWN PLANNER,
DISTRICT TOWN PLANNING OFFICE,
CIVIL STATION, PALAKKAD-678 001.
6 THE DIRECTOR OF PANCHAYAT
THIRUVANANTHAPURAM 695 001.
7 DEPUTY SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI CORRUPTION BUREAU,
ERUMAKKARATHERUVU, PALAKKAD-676 311.
WP(C) No.30114/2012
:3 :
8 STATE OF KERALA REPRESENTED BY
THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVT. DEPARTMENT,
THIRUVANANTHAPURAM 695 001.
ADDL. 9 ABBAS THEKKETHIL, THEKKETHIL,
VALLAPUZHA PIN 679 336,
OTTAPALAM, PALAKKAD DISTRICT.
(ADDL.R9 IS IMPLEADED AS PER ORDER DATED
17.02.2021 IN I.A.NO.2/2021 IN WP(C)NO.
30114/2012)
R1-R2 BY ADV. SRI.K.MOHANAKANNAN
R1-R2 BY ADV. SMT.A.R.PRAVITHA
R1-R2 BY ADV. SRI.T.M.RAMAN KARTHA
R3-R4 BY ADV. SRI.JACOB SEBASTIAN
R3-R4 BY ADV. SRI.K.V.WINSTON
R3-R4 BY ADV. SMT.ANU JACOB
R5-R8 BY GOVERNMENT PLEADER SMT.DEEPA NARAYANAN
ADDL.R9 BY ADV. K.T.THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.02.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.30114/2012
:4 :
JUDGMENT
~~~~~~~~~
Dated this the 17th day of February, 2021
The petitioners purchased shop rooms from
respondents 3 and 4. The shop rooms were granted building
numbers by the 1st respondent-Panchayat. But, subsequently,
the 5th respondent-Town Planner gave Ext.P13 report to the 8 th
respondent finding that the construction of the building, though
on the basis of building permit, was in violation of the Kerala
Municipality Building Rules, 1999 and advising to require the
Secretary to the Grama Panchayat to take action against the
illegal construction. Based on Ext.P13, the Government
issued Ext.P14 letter to the Secretary to the Grama Panchayat
stating that since constructions are made violating the relevant
Building Rules, the building numbers granted to the ground
floor and first floor of the building in question, should be
cancelled in accordance with law.
2. Pursuant to Ext.P14, the Secretary to the Grama
Panchayat issued Exts.P15, P15(a) and P15(b) dated
WP(C) No.30114/2012
23.11.2012 cancelling the building Nos.4/527, 4/524, 4/525,
4/526 and 4/528. It is challenging the said Ext.P15 series
orders that the petitioners have filed this writ petition.
3. When this writ petition came up for admission, this
Court passed an interim stay of implementation of Ext.P15
series, for a period of one month. The interim order was
subsequently extended from time to time.
4. When this writ petition came up for hearing today,
the counsel on either side submitted that pursuant to the
directions of this Court contained in the judgment dated
18.03.2019 in W.P.(C) No.35444/2016, the 2nd respondent has
passed Ext.R3(b) order whereby the Secretary to the Grama
Panchayat has found that on verifying the records and
documents as per the plans submitted, it is seen that there is
sufficient parking area for the building. The Secretary to the
Grama Panchayat found that the construction in question
satisfies the statutory requirements also. Accordingly, the
Secretary to the Grama Panchayat has held that the building
can be given building number as per Rules. In view of
WP(C) No.30114/2012
Ext.R3(b) order, the grievance of the petitioners in this writ
petition stands redressed.
5. However, in view of the interim order passed in this
writ petition, the Secretary has not granted/restored the
building number to the petitioners. In view of the judgment of
this Court in W.P.(C) No.35444/2016 and in view of the
subsequent decision taken by the Grama Panchayat, this
Court is of the opinion that the impugned orders at Exts.P13,
P14 and P15 series are liable to be set aside, enabling the
Secretary to the Grama Panchayat to implement the decision
taken in Ext.R3(b).
Accordingly, the writ petition is disposed of setting
aside Exts.P13, P14 and P15 series and directing the
Secretary to the Grama Panchayat to restore the building
numbers to the petitioners, if the petitioners are otherwise
eligible.
Sd/-
N. NAGARESH, JUDGE
aks/17.02.2021
WP(C) No.30114/2012
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF DOCUMENT NO.20076/I/09 DATED
28.08.2009 OF SRO, CHITTUR
EXHIBIT P2 TRUE COPY OF DOCUMENT NO.1174/I/09 DATED
18.05.2009 OF SRO, CHITTUR
EXHIBIT P3 TRUE COPY OF DOCUMENT NO.102/IV/2010
DATED 04.08.2012 OF SRO, CHITTUR, POWER
OF ATTORNEY ISSUED BY 1ST AND 2ND
PETITIONER TO 3RD PETITIONER.
EXHIBIT P4 TRUE COPY OF LICENCE NO.A2/105/11-12
DATED 04.11.2011 ISSUED BY 2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF LEASE AGREEMENT DATED
17.04.2011.
EXHIBIT P6 TRUE COPY OF DOCUMENT NO.1724/10/I DATED
31.05.2010 OF SRO, CHITTUR
EXHIBIT P7 TRUE COPY OF PROPERTY TAX RECEIPT
NO.28973 DATED 19.05.2012 ISSUED TO 4TH
PETITIONER.
EXHIBIT P8 TRUE COPY OF OWNERSHIP CERTIFICATE DATED
24.07.2010 ISSUED TO THE 4TH PETITIONER.
EXHIBIT P9 TRUE COPY OF DOCUMENT NO.1956/10 DATED
18.06.2010.
EXHIBIT P10 TRUE COPY OF GENERAL POWER OF ATTORNEY
DATED 02.07.2010.
EXHIBIT P10(a) TRUE COPY OF BUILDING PERMIT ISSUED BY
THE 2ND RESPONDENT DATED 10.10.2007.
EXHIBIT P11 TRUE COPY OF RETURNS OF PROPERTY TAX
SUBMITTED BY THE NILAVERNEESA DATED
28.03.2010.
EXHIBIT P12 TRUE COPY OF COMPLAINT TO THE 7TH
RESPONDENT DATED 28.07.2011.
EXHIBIT P13 TRUE COPY OF REPORT OF DISTRICT TOWN
PLANNER, PALAKKAD DSTED 03.08.2012.
WP(C) No.30114/2012
EXHIBIT P14 TRUE COPY OF LETTER OF 8TH RESPONDENT TO
THE 2ND RESPONDENT DATED 19.10.2012
EXHIBIT P15 TRUE COPY OF PROCEEDINGS NO.A2-5546/3/
2012 OF 2ND RESPONDENT DATED 23.11.2012.
EXHIBIT P15(a) TRUE COPY OF PROCEEDINGS NO.A2-
5546/2/2012 OF 2ND RESPONDENT DATED
23.11.2012.
EXHIBIT P15(b) TRUE COPY OF PROCEEDINGS NO.A2-5546/4/
2012 OF 2ND RESPONDENT DATED 23.11.2012.
RESPONDENTS' EXHIBITS
EXHIBIT R1(a) TRUE COPY OF THE ORDER DATED
17.10.2011 ISSUED BY THE PANCHAYATH.
EXHIBIT R1(b) TRUE COPY OF THE ORDER DATED
22.11.2011 ISSUED BY THE PANCHAYATH.
EXHIBIT R1(c) TRUE COPY OF THE JUDGMENT DATED
06.02.2012 IN WP(C)18/2012
EXHIBIT R3(A) A TRUE COPY OF THE JUDGMENT DATED
MARCH 18, 2019 IN WP(C)NO.35444/2016
OF THIS HONOURABLE COURT.
EXHIBIT R3(B) A TRUE COPY OF THE ORDER NO.3684/19
DATED 10 JANUARY 2020 ISSUED BY THE
SECOND RESPONDENT
EXHIBIT R5(a) A TRUE COPY OF THE COMPLAINT FILED BY
THE 5TH PETITIONER BEFORE THIS
RESPONDENT
EXHIBIT R5(b) A TRUE COPY OF THE REPORT DATED
03.08.2012 SUBMITTED BY THIS
RESPONDENT BEFORE THE 8TH RESPONDENT.
ncd
