Kerala High Court
P.Ramachandran vs Edakkara Gramapanchayath on 25 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
WP(C).No.36542 OF 2018(P)
PETITIONER:
P.RAMACHANDRAN,
S/O. MANUKUTTAN, PANTHALODY HOUSE,
EDAKKARA P.O., NILAMBUR, MALAPPURAM - 679 331
BY ADV. SRI.SIDHARTH A.MENON
RESPONDENTS:
1 EDAKKARA GRAMAPANCHAYATH,
REP. BY ITS SECRETARY, EDAKKARA,
MALAPPURAM - 679 331
2 THE TOWN PLANNER,
CIVIL STATION, MALAPPURAM-676 505.
3 VILLAGE OFFICER,
EDAKKARA VILLAGE OFFICE, EDAKKARA,
MALAPPURAM-679 331.
4 SRI. MUHAMMED BASHEER HAJI,
THEKKARATODIKA HOUSE, EDAKKARA,
MALPPURAM-679 331.
5 SMT. NASEERA,
THEKKARATHODIKA HOUSE, EDAKKARA,
MALPPURAM-679 331.
6 THE DIRECTOR OF PANCHAYATH,
DIRECTORATE, VIKAS BHAVAN,
THIRUVANANTHAPURAM-695 001.
7 ADDL. R7. CHIEF TOWN PLANNER (VIGILANCE),
SWARAJ BHAVAN, NANTHENCODE, KOWDIAR P.O.,
PIN-695003, THIRUVANANTHAPURAM.
8 ADDL. R8. DIRECTOR OF VIGILANCE AND ANTI
CORRUPTION BUREAU, VIKAS BHAVAN,
PMG, TRIVANDRUM-695033.
9 ADDL. R9. STATION HOUSE OFFICER,
W.P.(C) No.36542 of 2018
2
EDAKKARA POLICE STATION,
MALAPPURAM DISTRICT-679331.
(ADDITIONAL R7 TO R9 ARE IMPLEADED AS PER
ORDER DATED 01/08/2019 IN IA 02/2019)
R1 BY ADV. SRI.U.K.DEVIDAS
R4-5 BY ADV. SRI.R.SUDHISH
R4-5 BY ADV. SMT.M.MANJU
R4-5 BY ADV. SRI.T.KRISHNANUNNI (SR.)
SMT.G.RAJITA GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.36542 of 2018
3
W.P.(C) No.36542 of 2018
---------------------------------------
JUDGMENT
The learned counsel for the petitioner seeks permission
to withdraw the writ petition. In the light of the permission sought
by the learned counsel for the petitioner, the writ petition is
dismissed as withdrawn.
Sd/-
P.B.SURESH KUMAR, JUDGE
YKB
W.P.(C) No.36542 of 2018
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE POSSESSION
CERTIFICATE NO.1356/16 DATED
27.9.2016.
EXHIBIT P2 PHOTOCOPY OF THE POSSESSION
CERTIFICATE NO.16941/16 DATED
3.11.2016.
EXHIBIT P3 PHOTOCOPY OF THE BUILDING PERMIT DATED
13.6.2017.
EXHIBIT P4 PHOTOGRAPHS OF THE BUILDING UNDER
CONSTRUCTION.
EXHIBIT P5 PHOTOCOPY OF THE APPLICATION DATED
9.5.2018.
EXHIBIT P6 PHOTOCOPY OF THE STOP MEMO DATED
19.5.2018 ISSUED BY THE PANCHAYATH.
EXHIBIT P7 PHOTOCOPY OF THE NOTICE DATED
24.5.2018.
EXHIBIT P8 PHOTOCOPY OF THE REPLY DATED 13.6.2018
ISSUED TO THE PETITIONER BY THE
PANCHAYATH SECRETARY.
EXHIBIT P9 PHOTOCOPY OF THE REPLY DATED 13.6.2018
SENT TO TOWN PLANNER BY THE PANCHAYATH
SECRETARY.
EXHIBIT P10 PHOTOCOPY OF THE REPORT DATED
13.6.2018 OF THE TOWN PLANNER.
EXHIBIT P11 PHOTOCOPY OF THE NOTICE DATED
6.7.2018.
EXHIBIT P12 PHOTOCOPY OF THE DOCUMENTS 320/16 OF
SUB REGISTRY EDAKKARA.
EXHIBIT P13 PHOTOCOPY OF THE RTI APPLICATION FILED
BY THE PETITIONER
EXHIBIT P14 PHOTOCOPY OF THE REPLY GIVEN BY THE
PANCHAYATH
W.P.(C) No.36542 of 2018
EXHIBIT P15 PHOTOCOPY OF THE SITE PLAN SUBMITTED
BY THE RESPONDENTS BEFORE THE
PANCHAYATH FOR BUILDING PERMIT
EXHIBIT P16 PHOTOCOPY OF THE SITE PLAN SUBMITTED
BY THE RESPONDENTS BEFORE THE
PANCHAYATH
EXHIBIT P17 PHOTOCOPY OF THE COMPLAINT FILED BY
THE PETITIONER BEFORE THE PANCHAYATH
EXHIBIT P18 PHOTOCOPY OF THE COMPLAINT DATED
13/01/2019
EXHIBIT P19 PHOTOCOPY OF THE ACKNOWLEDGEMENT
EXHIBIT P20 PHOTOCOPY OF THE REPORT DATED
30/08/2018
EXHIBIT P21 A COPY OF THE COMPLAINT SUBMITTED
BEFORE THE CHIEF TOWN
PLANNER(VIGILANCE)ON.20.06.2019.
EXHIBIT P22 A COPY OF THE COMPLAINT FILED BEFORE
THE VIGILANCE DIRECTOR (VIGILANCE AND
ANTI CORRUPTION BUREAU) TRIVANDRUM
DATED 20/06/2019.
EXHIBIT P23 THE ACKNOWLEDGEMENT CARD FOR
ACCEPTANCE OF COMPLAINT.
EXHIBIT P24 PHOTO COPY OF THE REPORT DATED
18.07.2019.
EXHIBIT P25 THE LATEST PHOTOGRAPH SHOWING THE
ADDITIONAL CONSTRUCTION OF THE
BUILDING.
EXHIBIT P26 TRUE COPY OF PLAINT IN OS NO.376/2017.
EXHIBIT P27 TRUE COPY OF THE INJUNCTION ORDER
DATED 8.11.2017 OF HON.MUNSIFF COURT,
MANJERI IN O.S. 376/2017
EXHIBIT P28 TRUE COPY OF COMPLAINT TO COLLECTOR
DATED 29.6.2019.
EXHIBIT P29 TRUE COPY OF LETTER DATED 18.07.2019
W.P.(C) No.36542 of 2018
BY TOWN PLANNER, MALAPPURAM TO
SECRETARY EDAKKARA GRAMA PANCHAYATH.
EXHIBIT P30 TRUE COPY OF THE REPORT DATED
18.7.2019 FROM TOWN PLANNER,
MALAPPURAM TO DISTRICT COLLECTOR,
MALAPPURAM
EXHIBIT P31 TRUE COPY OF THE REPORT OF SECRETARY,
EDAKKARA GRAMA PANCHAYAT DATED
19.08.2019.
EXHIBIT P32 TRUE COPY OF THE LETTER DATED
1.10.2019 ISSUED BY DISTRICT
COLLECTOR, MALAPPURAM
EXHIBIT P33 TRUE COPY OF THE REMINDER DATED
21.09.2019 ISSUED BY DISTRICT
COLLECTOR, MALAPPURAM
EXHIBIT P34 TRUE COPY OF THE COMPLAINT DATED
21.12.2019 FILED BEFORE INSPECTOR OF
POLICE, EDAKKARA
EXHIBIT P34(A) TRUE COPY OF RECEIPT OF RECEIPT OF
COMPLAINT BEFORE CI DATED 21.12.2019.
EXHIBIT P35 TRUE COPY OF LETTER ISSUED BY DISTRICT
COLLECTOR, MALAPPURAM UNDER RTI.
EXHIBIT P36 TRUE COPY OF ORDER DATED 18.12.2019
ISSUED BY THE PRINCIPAL SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT TO
SECRETARY, EDAKKARA GRAMA PANCHAYAT
EXHIBIT P37 TRUE COPY OF THE REPORT DATED
23.11.2019 SUBMITTED BY THE CHIEF TOWN
PLANNER VIGILANCE.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1A TRUE COPY OF THE OBJECTION DATED
23/05/2018 FILED BY THE FOURTH AND
FIFTH RESPONDENTS.
EXHIBIT R1B TRUE COPY OF THE NOTICE DATED
03/08/2018 ISSUED BY THE PANCHAYATH TO
THE FOURTH AND FIFTH RESPONDENTS.
W.P.(C) No.36542 of 2018
EXHIBIT R4(A) TRUE COPY OF THE ASSIGNMENT DEED
NO.320/2016 DATED 22/01/2016 OF SRO,
EDAKKARA.
EXHIBIT R4(B) TRUE COPY OF THE APPLICATION FOR
REGULARISATION AND PLAN.
EXHIBIT R4(C) TRUE COPY OF THE BUILDING TAX RECEIPT
DATED 03/09/2018.
EXHIBIT R4(D) TRUE COPY OF THE RENT AGREEMENT DATED
25/04/2018.
