Josmi Antony vs Kumbalanghi Grama Panchayat
2021 Latest Caselaw 5952 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                       WP(C).No.4203 OF 2021(A)




PETITIONERS:

      1        JOSMI ANTONY
               AGED 31 YEARS
               W/O.ANTONY, MALIYAMVEETTIL HOUSE, WARD NO.12,
               KUMBALANGHI GRAMA PANCHAYAT, KUMBALANGHI P.O.,
               ERNAKULAM DISTRICT.

      2        SEENA JOSEY,
               AGED 47 YEARS
               W/O.JOSSY RAPHAEL, MALIYAMVEETTIL HOUSE, WARD NO.12,
               KUMBALANGHI GRAMA PANCHAYAT, KUMBALANGHI P.O.,
               ERNAKULAM DISTRICT.

      3        TONCY V.TOMY,
               W/O.JIJUMON M.J., VELUTHAMANNUNGAL HOUSE, WARD NO.12,
               KUMBALANGHI GRAMA PANCHAYAT, KUMBALANGHI P.O.,
               ERNAKULAM DISTRICT.

      4        JINTAMOL M.J.,
               AGED 43 YEARS
               W/O.THOMAS C.V., CHERUPULLI HOUSE, WARD NO.12,
               KUMBALANGHI GRAMA PANCHAYAT, KUMBALANGHI P.O,
               ERNAKULAM DISTRICT.

      5        ROSILIN MATHEW,
               AGED 49 YEARS
               S/O.LATE MATHEW, MALIYAMVEETTIL HOUSE, WARD NO.12,
               KUMBALANGHI GRAMA PANCHAYAT, KUMBALANGHI P.O.,
               ERNAKULAM DISTRICT.

               BY ADVS.
               SRI.BABU JOSEPH KURUVATHAZHA
               SRI.M.G.SREEJITH
               SMT.K.S.ARCHANA
 WP(C).No.4203 OF 2021(A)

RESPONDENTS:

        1        KUMBALANGHI GRAMA PANCHAYAT
                 KUMBALANGHI P.O., ERNAKULAM DISTRICT, PIN-682007,
                 REPRESENTED BY ITS SECRETARY.

        2        KUMBALANGHI GRAMA PANCHAYAT COMMITTEE,
                 KUMBALANGHI P.O., ERNAKULAM DISTRICT, PIN-682007,
                 REPRESENTED BY ITS PRESIDENT.

        3        SECRETARY,
                 KUMBALANGHI GRAMA PANCHAYAT, KUMBALANGHI P.O.,
                 ERNAKULAM DISTRICT, PIN-682007,

        4        VILLAGE OFFICER,
                 KUMBALANGHI VILLAGE, KUMBALANGHI P.O., ERNAKULAM
                 DISTRICT, PIN-682007.


                  GOVT. PLEADER SRI. PAUL ABRAHAM VAKKANAL

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                   SATHISH NINAN, J.
         ==================
               W. P. (C) No.4203 of 2021
         ==================
        Dated this the 18th day of February, 2021

                            JUDGMENT

Alleging unauthorised construction in violation

of the provisions of Kerala Panchayat Raj Act,

Coastal Regulation Zone Rules and the Kerala

Conservation of Paddy Land and Wetland Act, 2008,

the third respondent issued Ext.P4 notice dated

08.02.2021 to one George, calling for his

explanation as to why steps shall not be taken for

demolition of the unauthorised construction. The

same is under challenge in this writ petition by

the petitioners who claim to be conducting a

restaurant in the building under reference in

Ext.P4 notice.

W. P. (C) No.4203 of 2021

2. I am of the opinion that the challenge

against Ext.P4 is not liable to be entertained for

two reasons; firstly, Ext.P4 is only a notice

calling for explanations; secondly, Ext.P4 is not

issued to the petitioners.

The Writ Petition is accordingly dismissed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.4203 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROJECT REPORT OF THE RESTAURANT SUBMITTED BY THE PETITIONERS FOR THE CONSIDERATION OF SAF (SOCIETY FOR ASSISTANCE TO FISHERWOMEN).

EXHIBIT P1(A) TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 10.02.2021, ISSUED BY THE 4TH RESPONDENT TO MR.P.A.GEORGE.

EXHIBIT P2 THE COPY OF THE REGISTERED LEASE AGREEMENT DATED 06.02.2021 ENTERED INTO BETWEEN MR.P.A.GEORGE AND THE PETITIONERS.

EXHIBIT P2(A) THE COPY OF THE PROCEEDING DATED 18.01.2021 OF THE THOPPUMPADY BRANCH OF KERALA BANK.

EXHIBIT P3 TRUE PHOTOGRAPHS, EVIDENCING THE TEMPORARY SHED CONSTRUCTED BY THE PETITIONERS FOR THE PURPOSE OF THE RESTAURANT AT A DISTANCE OF 2 M AWAY FROM KUMBALANGHI-ANJILITHARA ROAD, OVER AND ABOVE THE MEENKETTU.

EXHIBIT P4 THE COPY OF THE NOTICE NO.D-943/2021 DATED 8.2.2021 ISSUED BY THE 3RD RESPONDENT TO MR.GEORGE PULLANATTU.

EXHIBIT P5 THE COPY OF THE REPRESENTATION DATED 12.02.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

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