George Simon vs Pazhayannur Grama Panchayath
2021 Latest Caselaw 10101 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

   THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                       WP(C).No.3968 OF 2021(U)


PETITIONERS:

      1        GEORGE SIMON,
               AGED 45 YEARS
               S/O SIMON,RESIDING AT PUTHOOR HOUSE,
               KOTTAPPADI.P.O, GURUVAYOOR,THRISSUR DISTRICT.


      2        E.C.JOSE,
               AGED 60 YEARS
               S/O.CHAKKU,RESIDING AT EDAKALATHUR
               HOUSE,PANJAL.P.O, KILLIMANGALAM,
               THRISSUR DISTRICT.


      3        JAIN JOSE,
               AGED 35 YEARS
               S/O.JOSE.E.C, RESIDNG AT EDAKALATHUR
               HOUSE,PANJAL.P.O, KILLIMANGALAM,
               THRISSUR DISTRICT.


               BY ADVS.
               SRI.K.R.AVINASH (KUNNATH)
               SRI.ABDUL RAOOF PALLIPATH

RESPONDENTS:

      1        PAZHAYANNUR GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY,
               PAZHAYANNUR.P.O,THRISSUR-680587.


      2        THE SECRETARY,
               PAZHAYANNUR GRAMA PANCHAYATH,
               PAZHAYANNUR.P.O,THRISSUR-680587.

      3        THE ENVIRONMENTAL ENGINEER,
               KERALA STATE POLLUTION CONTROL BOARD DISTRICT
               OFFICE-THRISSUR,MAJESTIC SQUARE BUILDING,
               3RD FLOOR,PARAVATTANI,
               OLLUKKARA.P.O, THRISSUR-680655.
 WP(C).No.3968 OF 2021(U)         -2-

      4      VANAJA,
             PONNETH HOUSE,PAZHAYANNUR.P.O,
             THRISSUR-680587.

             R1-2 BY ADV. SRI.BRIJESH MOHAN
             R1-2 BY ADV. SRI.R.RAJPRADEEP
             R4 BY ADV. SRI.M.P.SREEKRISHNAN
             R4 BY ADV. SRI.A.MUHAMMED MUSTHAFA
                BY SRI.T.NAVEEN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
           ==================
                W. P. (C) No.3968 of 2021
           ==================
           Dated this the 25th day of March, 2021

                      JUDGMENT

Ext.P14 final order under Section 235W of the

Kerala Panchayth Raj Act, directing demolition of

unauthorised construction, and the notice issued

consequent thereto are under challenge in this writ

petition. The petitioners have a statutory remedy

before the Tribunal for Local Self Government

Institutions under Section 276 of the Kerala

Panchayat Raj Act 1994.

2. Disputed questions of facts being involved,

I deem it appropriate to relegate the petitioners

to avail the statutory remedy. The writ petition is

dismissed without prejudice to the said rights of

the petitioner.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.3968 OF 2021(U)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE TRADE LICENSE DATED 01.04.2020 ISSUED TO THE 1ST PETITIONER.

EXHIBIT P2 THE TRUE COPY OF THE TRADE LICENSE DATED 01.04.2020 ISSUED TO THE 2ND PETITIONER

EXHIBIT P3 TRUE COPY OF THE RENT AGREEMENT DATED 25.02.2020 ENTERED BETWEEN THE 1ST PETITIONER GEORGE SIMON

EXHIBIT P4 TRUE COPY OF THE RENT AGREEMENT DATED 25.02.2020 ENTERED INTO BETWEEN THE 3RD PETITIONER JAIN JOSE

EXHIBIT P5 TRUE COPY OF THE APPROVED PLAN OF BUILDING OCCUPIED BY PETITIONERS 1 AND 2

EXHIBIT P6 TRUE COPY OF THE NOTICE NO.B2-3037/20 DATED 13.08.2021 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 21.08.2021 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT

EXHIBIT P8 TRUE COPY OF THE ORDER NO.B2/3037/20 DATED 06.01.2021 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P9 TRUE COPY OF THE NOTICE NO.B2/3037/20 DATED 06.01.2021 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P10 TRUE COPY OF THE NOTICE NO.A4-7353/20 DATED 07.01.2021 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P11 TRUE COPY OF THE LETTER DATED 15.01.2021 BEFORE THE 1ST RESPONDENT SUBMITTED BY 1ST PETITIONER

EXHIBIT P12 TRUE COPY OF THE LETTER DATED 15.01.2021 BEFORE THE 2ND RESPONDENT SUBMITTED BY 2ND PETITIONER

EXHIBIT P13 TRUE COPY OF THE COPY LETTER DATED 15.1.2021 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P14 TRUE COPY OF THE ORDER NO.B2/3037/20 DATED 30.1.2021 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P15 TRUE COPY OF THE NOTICE NO.B2/3037/20 DATED 30.01.2021 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE LETTER DATED 5.8.2020 OF THE ENVIRONMENTAL ENGINEER THRISSUR ISSUED TO THE 2ND PETITIONER

EXHIBIT P17 TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION DATED 12.8.2020 SUBMITTED BY 1ST PETITIONER BEFORE THE POLLUTION CONTROL BOARD.

EXHIBIT P18 TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION DATED 12.8.2020 SUBMITTED BY 2ND PETITIONER BEFORE THE POLLUTION CONTROL BOARD.

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