Beena Ittichan vs Elavally Grama Panchayath
2021 Latest Caselaw 14844 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
     THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                       WP(C) NO. 11267 OF 2021
PETITIONER:

          BEENA ITTICHAN
          AGED 48 YEARS
          W/O. ITTICHAN, CHALAKKAL HOUSE, CHITTATTUKARA P.O.,
          ELAVALLY, THRISSUR DISTRICT, PIN-680 511.

          BY ADV N.K.MOHANLAL



RESPONDENTS:

    1     ELAVALLY GRAMA PANCHAYATH
          REPRESENTED BY SECRETARY, ELAVALLY, CHITTATTUKARA P.O.,
          THRISSUR DISTRICT, PIN-680 511.

    2     SECRETARY
          ELAVALLY GRAMAPANCHAYATH, ELAVALLY, CHITTATTUKARA P.O.,
          THRISSUR DISTRICT, PIN-680 511.

    3     SAMSON C.T.
          AGED 44 YEARS
          SON OF THOMAS, CHIRAYANKANDATH HOSUE, CHITTATTUKARA PO-
          680 511 THRISSUR DISTRICT.

    4     MOHAMMED HANEEFA,
          KODAPARAMBIL PANDARAKKAD, ELAVALLY SOUTH, THRISSUR
          DISTRICT, PIN-680 511.

          BY ADVS.
          SANTHOSH P.PODUVAL
          T.A.SHAIN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                     2
WP(C) NO. 11267 OF 2021




                              JUDGMENT

The petitioner is the tenant of a building owned by the 4 th

respondent. According to the petitioner, he had been

conducting a restaurant and bakery in the tenanted premises

since the year 2017. The petitioner has approached this Court

aggrieved by Ext.P7 notice calling upon the petitioner to close

down the business on the allegation of having made illegal

constructions in the premises in question. Ext.P7 notice was

preceded by Ext.P4 provisional order and Ext.P5 notice.

According to the petitioner, though in reply to Exts.P4 and P5

he had submitted Ext.P6, the same has not been considered

while issuing Ext.P7 notice.

2. The 4th respondent - landlord has placed on record a

counter affidavit wherein it is stated that, the 2 nd respondent

raised an objection that construction of the second floor of the

building is illegal since the property is included in the Data

Bank maintained under the Kerala Conservation of Paddy and

Wetland Act. However on enquiry with the agricultural officer, it

was informed that the property is not included in the Data

Bank. The 4th respondent relies on Ext.R4(2) communication by

the Agricultural Officer in the said regard. The petitioner

WP(C) NO. 11267 OF 2021

contends that, apart from the mere allegation of unauthorized

constructions, the specifics regarding the same have not been

provided, to secure compliance.

3. On the facts as aforementioned, I deem it

appropriate that the 2nd respondent may pass orders, after

hearing the petitioner and the 4 th respondent specifying the

illegal constructions, if any, which are to be removed to enable

compliance by the petitioner / 4th respondent.

Accordingly, the writ petition is disposed of directing the

2nd respondent to hear the petitioner and the 4th respondent,

and pass orders specifying the illegal constructions said to have

been made in the premises in question. They shall be granted

one months' time to comply with the directions. Till such time,

coercive steps shall not be taken in respect of the business in

question.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C) NO. 11267 OF 2021

APPENDIX OF WP(C) 11267/2021

PETITIONER ANNEXURE

EXHIBIT P1 A TRUE COPY OF TRADE LICENSE ISSUED BY FIRST RESPONDENT PANCHAYATH DATED 2.11.2017 FOR THE PERIOD 1.4.2017 TO 31.3.2018.

EXHIBIT P2 THE TRADE LICENSE FOR THE PERIOD 2019-2020 DATED 26.6.2019.

EXHIBIT P3 A TRUE COPY OF JUDGEMENT DATED 8.3.2021 OF HON'BLE HIGH COURT IN WPC 5927/2021.

EXHIBIT P4 A TRUE COPY OF PROVISIONAL ORDER DATED 27.3.2021 ISSUED BY FIRST RESPONDENT PANCHAYATH.

EXHIBIT P5 A TRUE COPY OF NOTICE DATED 23.4.2021 ISSUED BY THE PANCHAYATH TO THE PETITIONER.

EXHIBIT P6 A TRUE COPY OF REPLY DATED 27.4.2021 SUBMITTED BY PETITIONER.

EXHIBIT P7 A TRUE COPY OF COUNTER REPLY DATED 3.5.2021 ISSUED BY FIRST RESPONDENT PANCHAYAT.

RESPONDENT ANNEXURE

EXHIBIT R4(1) A TRUE COPY OF THE NOTICE DATED 14/05/2021 RETURNING APPLICATION FOR REGULARISATION

EXHIBIT R4(2) A TRUE COPY OF UNDATED LETTER ISSUED BY AGRICULTURAL OFFICER, ELAVALLY TO 2ND RESPONDENT