Sukumaran Nair vs State F Kerala
2021 Latest Caselaw 14598 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                        WP(C) NO. 37918 OF 2016
PETITIONER/S:

    1     SUKUMARAN NAIR
          AGED 60 YEARS
          S/O. LATE BALAKRISHNAN NAIR, AGED 60 YEARS,KAVILA
          VEEDU(LAKSHMI VIHAR), CHERUMANGADU MURIYIL,
          KARIMBINPUZHA P.O, PUTHUR VILLAGE, KOTTARAKKARA TALUK,
          KOLLAM DISTRICT - 691507.

    2     SUDHAKARAN NAIR
          AGED 54 YEARS
          S/O. LATE BALAKRISHNAN NAIR, KRISHNA KRIPA,
          CHERUMANGADU MURIYIL, KARIMBINPUZHA P.O, PUTHUR
          VILLAGE, KOTTARAKKARA TALUK,KOLLAM DISTRICT - 691507.

          BY ADV SRI.K.G.RAJEESH



RESPONDENT/S:

    1     STATE F KERALA
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF
          GOVERNMENT, SECRETARIAT, TRIVANDRUM - 695023.

    2     PAVITHRESWARAM GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY, KARIMBINPUZHA P.O, PUTHUR
          VILLAGE, KOTTARAKKARA TALUK, KOLLAM - 691507.




          SRI SURIN GEORGE IPE,SENIOR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 37918 OF 2016
                                       2

                                   JUDGMENT

Petitioners have secured a building permit No.A3-3589/13 with a

validity period of 3 years, i.e., 04.01.2014 to 03.01.2017, for constructing first

floor of the building, having an area of 201.28 square metres. The

construction was completed and thereafter, petitioners have submitted the

completion certificate along with an application, evident from Ext.P11 dated

04.02.2016, before the Secretary of the Pavithreswaram Grama Panchayat,

the 2nd respondent herein, for securing occupancy certificate and numbering

of the building in terms of Rule 25 of the Kerala Panchayat Building Rules,

2011. The grievance of the petitioners is that, though there was a dispute by

and between the petitioners and a neighbor, the same was settled in Lok

Adalath in PLP No.1238/2016, as per Ext.P18 order dated 10.09.2016, and it

was agreed by and between the parties including the Secretary of the Grama

Panchayath that, pursuant to the completion report submitted by the

petitioners, occupancy will be granted and the building would be numbered.

Case of the petitioners is that, no action was initiated on the basis of the

award passed in the Lok Adalath, which is arbitrary and illegal.

2. I have heard learned Counsel for the petitioners and perused the

pleadings and the materials on record.

3. In my considered view, the subject issue relates to the submission of

the completion certificate and the issuance of occupancy and the grant of WP(C) NO. 37918 OF 2016

building number settled as per Ext.P18 order passed in the Lok Adalath in

PLP No.1238/2016. I am informed by learned Counsel for the petitioners

that, there is no proceeding instituted or pending against Ext.P18, before any

authority. In that view of the matter, if the Secretary has not already acted

upon Ext.P18, it is for the Secretary to take a decision at the earliest, because I

am informed that, the 1st petitioner is an aged person and he has got ailments.

Therefore, the writ petition is disposed of, directing the Secretary of the

Pavithreswaram Grama Panchayat to act upon Ext.P18 order of the Lok

Adalath, at the earliest and at any rate, within a month from the date of

receipt of a copy of this judgment, and if there are no orders issued by any

statutory authority so as to intervene with Ext.P18, the occupancy shall be

issued and the building shall be numbered. However, I make it clear that, if

already Ext.P18 is acted upon by the Secretary, the above direction would

stand vacated.

The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY JUDGE

uu 14.07.2021 WP(C) NO. 37918 OF 2016

APPENDIX OF WP(C) 37918/2016

PETITIONER EXHIBITS

EXHIBIT P7 TRUE COPY OF THE AWARD DATED 12-12-2015 OF THE LOK ADALAT.

EXHIBIT P8 TRUE COPY OF THE COMPLAINT PREFERRED BY THE 2ND PETITIONER BEFORE THE TALUK LAGAL SERVICES AUTHORITY DATED 12-01-2016.

EXHIBIT P9 TRUE COPY OF THE REPORT DATED 16-02-2016 FILED BY THE ADVOCATE COMMISSIONER.

EXHIBIT P10 TRUE COPY OF THE AWARD PASSED BY THE LOK ADALAT DATED 12-03-2016.

EXHIBIT P11 TRUE COPY OF THE COVERING LETTER ENCLOSING PLAN, PERMIT AND COMPLETION CERTIFICATE SUBMITTED BY THE PETITIONERS.

EXHIBIT P12 TRUE COPY OF THE RECEIPT SHOWING THE ACCEPTANCE OF THE SAID APPLICATION BY THE 2ND RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED 20-06-

2016 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

EXHIBIT P14 TRUE COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER.

EXHIBIT P15 TRUE COPY OF THE REPORT OF THE NEW ADVOCATE COMMISSIONER.

EXHIBIT P16 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE LEGAL SERVICES AUTHORITY DATED 20-07-2016.

EXHIBIT P17 TRUE COPY OF THE REPORT DATED 05-09-2016 OF THE ASSISTANT ENGINEER OF THE 2ND RESPONDENT.

EXHIBIT P18 TRUE COPY OF THE AWARD DATED 10-09-2016 OF THE LOK ADALAT.

EXHIBIT P19 TRUE COPY OF THE REPRESENTATION DATED 20-09-

2016 SUBMITTED BY THE 1ST PETITIONER TO THE WP(C) NO. 37918 OF 2016

2ND RESPONDENT.

EXHIBIT P20 TRUE COPY OF THE RECEIPT ACKNOWLEDGING THE ACCEPTANCE OF THE REPRESENTATION BY THE 2ND RESPONDENT.

EXHIBIT P1 TRUE COPY OF THE RECEIPT TO SHOW THE BUILDING TAX COLLECTED BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 04-01-

2014 ISSUED BY THE 2ND RESPONDENT FOR THE PERIOD 04-01-2014 TO 03-01-2017.

EXHIBIT P3 TRUE COPY OF THE CONSENT LETTER FOR THE CONSTRUCTION ISSUED BUY THE NEIGHBOUR OF THE PROPERTY.

EXHIBIT P4 TRUE COPY OF THE CONSENT LETTER FOR THE CONSTRUCTION ISSUED BY THE NEIGHBOURING PROPERTY OWNER.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT PREFERRED BY THE NEIGHBOUR BEFORE THE TALUK LEGAL SERVICES AUTHORITY DATED 28-05-2015.

EXHIBIT P6 TRUE COPY OF THE REPORT DATED 12-12-2015 FILED BY THE ADVOCATE COMMISSIONER BEFORE THE LEGAL SERVICES AUTHORITY.