Ammini Paulose vs Adimali Grama Panchayath
2021 Latest Caselaw 15351 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                      WP(C) NO. 1503 OF 2021
PETITIONER:

          AMMINI PAULOSE,
          AGED 70 YEARS
          W/O. PAULOSE, VEENALAIL HOUSE,
          14TH MILE, IRUMPUPLALAM P.O.,
          MANNAMKANDOM VILLAGE, DEVIKULAM, TALUK,
          IDUKKI DISTRICT 685 561.

          BY ADVS.
          SRI.S.JIJI
          SMT.M.M.BABY


RESPONDENTS:

    1     ADIMALI GRAMA PANCHAYATH,
          KALLARKUTTY ROAD , ADIMALI,
          IDUKKI 685 561, REPRESENTED BY ITS SECRETARY.
    2     THE REVENUE DIVISIONAL OFFICER,
          OFFICE OF THE R.D.O. REVENUE COMPLEX,
          DEVIKULAM, IDUKKI 685 613.
    3     THE VILLAGE OFFICER,
          MANNAMKANDOM VILLAGE OFFICE,
          ADIMALI POST, IDUKKI 685 561.

          BY ADV SHRI.LATHEESH SEBASTIAN, SC, ADIMALI GRAMA
          PANCHAYAT
          SMT.BINITHA JAMES
          GOVERNMENT PLEADER SRI MANU RAJ


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.07.2021, THE COURT ON THE SAME DAY DELIVERED T HE
FOLLOWING:
 WP(C).No.1503/2021

                                   2




                             JUDGMENT

Dated this the 22th day of July, 2021

The petitioner has approached this Court seeking to

direct the respondent to regularise and number the building in

question and issue occupancy certificate in the name of the

petitioner's daughter. The petitioner has also sought to direct

the 1st respondent to consider and pass necessary orders on

Ext.P10 application by regularising the building and issuing

occupancy certificate.

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the 1st respondent.

3. The petitioner has submitted Ext.P10 application

invoking Rules 5(1)(b), 75(1), 87(1) and 93(1) of the Kerala

Panchayat Building (Regularisation of unauthorised

construction) Rules, 2018. The Ext.P10 application was WP(C).No.1503/2021

submitted as earlier on 16.11.2020. Ext.P10 being a statutory

application, the 1st respondent has a duty to consider the same

in accordance with law, within a reasonable time.

In the circumstances, the writ petition is disposed of

directing the 1st respondent to consider Ext.P10 application in

accordance with law, within a period of 2 months.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.1503/2021

APPENDIX OF WP(C) 1503/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 3RD RESPONDENT IN FAVOUR OF THE OWNER DATED 31.05.2017.

EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 28.05.2018 OF MANNAMKANDOM VILLAGE OFFICE.

EXHIBIT P3 TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE ADIMALI GRAMA PANCHAYATH DATED 26.05.2018.

EXHIBIT P4 TRUE COPY OF THE EXTRACT OF THE T.P.

REGISTRAR.

   EXHIBIT P5           TRUE COPY OF THE EXTRACT OF THE DATA
                        BANK   REGISTER   KEPT    WITH   THE   1ST
                        RESPONDENT.
   EXHIBIT P6           TRUE COPY OF THE APPLICATION DATED

25.05.2018 BY THE DAUGHTER OF THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE EXPLANATION DATED 02.06.2018 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE EXPLANATION DATED 06.06.2018 SUBMITTED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS DATED 30.01.2017 OF THE ELECTRICAL INSPECTOR, IDUKKI.

EXHIBIT P10 TRUE COPY OF THE APPLICATION DATED 16.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT FOR REGULARIZATION OF HER BUILDING.