The Manager vs The District Level Committee For ...
2021 Latest Caselaw 15182 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
     TUESDAY, THE 20TH DAY OF JULY 2021/29TH ASHADHA, 1943
                     WP(C) NO. 14388 OF 2021


PETITIONER:

          THE MANAGER, SENIOR BASIX SCHOOL,
          OLASSERY, KODUMBU,
          PALAKKAD DISTRICT PIN 678 551.

          BY ADVS.
          JACOB SEBASTIAN
          K.V.WINSTON


RESPONDENTS:

 1        THE DISTRICT LEVEL COMMITTEE FOR
          REGULARIZATION OF UNAUTHORIZED
          CONSTRUCTIONS IN PALAKKAD DISTRICT,
          REPRESENTED BY ITS CONVENER
          (DISTRICT TOWN PLANNING OFFICER),
          OFFICE OF THE DISTRICT TOWN PLANNING OFFICER,
          CIVIL STATION, PALAKKAD DISTRICT 678 001.

 2        THE KODUMBU GRAMAPANCHAYAT,
          PANCHAYAT OFFICE P.O., KODUMBU,
          PALAKKAD DISTRICT PIN 678 551
          REPRESENTED BY ITS SECRETARY.

 3        THE SECRETARY, KODUMBU GRAMAPANCHAYAT,
          PANCHAYAT OFFICE P.O., KODUMBU,
          PALAKKAD DISTRICT PIN 678 551.

          G.P. SRI RAVIKRISHNAN ASOKAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.14388/2021

                                  2




                           JUDGMENT

Dated this the 20th day of July, 2021

This writ petition has been filed by the Manager of

Senior Basic School, Olassery stating that the 3rd

respondent-Secretary to Panchayat issued a building permit

to him on 07.03.2017. After construction of the building, the

3rd respondent did not assess the building or give number to

the building citing various defects.

2. On 16.03.2020, an application was submitted

before the 1st respondent, for regularisation of building

construction. It is submitted that the 1st respondent noted

certain defects which was subsequently cured by the

petitioner. The materials sought for by the respondents were

furnished, contends the learned counsel for the petitioner.

However, so far no occupancy certificate was issued to the

petitioner. In the circumstances, the petitioner seeks

expeditious disposal of Ext.P2 application for regularisation. WP(C) No.14388/2021

3. In view of the nature of the relief granted in this

writ petition, notice to respondents 2 and 3 is dispensed with.

4. Ext.P2 is an application filed by the petitioner,

invoking Rule 3(1) of the Kerala Panchayat Building

(Regularisation of unauthorised Construction) Rules, 2018.

Ext.P2 being a statutory application, the first respondent has

a duty to consider the same in accordance with law and

within a reasonable time.

In the facts and circumstances of the case, the writ

petition is disposed of directing the 1 st respondent to

consider Ext.P2 application for regularisation of unauthorised

construction submitted by the petitioner under the Kerala

Panchayat Building (Regularisation of Unauthorised

Construction) Rules, 2018 as expeditiously as possible and

at any rate within a period of two months.

Sd/-

N. NAGARESH JUDGE ncd/20.07.2021 WP(C) No.14388/2021

APPENDIX PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT DATED 07.03.2017 ISSUED BY THIRD RESPONDENT IN FAVOUR OF THE PETITIONER

EXHIBIT P2 A TRUE COPY OF THE APPLICATION FOR REGULARIZATION DATED 16.03.2020 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT

EXHIBIT P3 A TRUE COPY OF THE LETTER DATED 27.12.2020 ISSUED BY THE TOWN PLANNER, PALAKKAD TO THE THIRD RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE REPLY ISSUED BY THE PETITIONER IN RESPONSE TO EXHIBIT P3 DATED 08.02.2021.