Rasheed S.K vs The Secretary
2021 Latest Caselaw 8375 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

       THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                   WP(C).No.6362 OF 2021(U)


PETITIONER:

              RASHEED S.K
              S/O. ABOOBACKER, SCHOOLIKANDIYIL,
              NEELESWARAM P.O, OMASSERY, KOZHIKODE 673 572

              BY ADVS.
              SHRI.JAYKAR.K.S.
              BALU G
              BASHEER K.A

RESPONDENT:

              THE SECRETARY
              KUNNAMANGALAM GRAMA PANCHAYATH, GRAMA
              PANCHAYATH OFFICE, KUNNAMANGALAM P.O,
              KOZHIKODE 673 571

              BY GOVERNMENT PLEADER SRI. RAVIKRISHNAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 12.03.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.6362 of 2021

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                     W.P.(C) No.6362 of 2021
                  --------------------------------------


                             JUDGMENT

Petitioner was issued a building permit for

construction of a commercial-cum-residential building. Ext.P1

is the building permit. Ext.P1 building permit is valid till

28.06.2022. In the course of the construction, the petitioner

was issued Ext.P3 notice by the respondent interdicting further

construction, alleging that the construction is carried out

encroaching a portion of the nearby river puramboke. The

petitioner asserts that he has not made any encroachment,

and the construction is well within the boundaries of his

property. Ext.P4 is the request made by the petitioner to the

respondent seeking orders for lifting Ext.P3 notice on the said

ground. Since Ext.P4 was not acted upon, the petitioner made

Ext.P7 request for the same purpose. It is alleged that even

Ext.P7 is not being considered by the respondent. The

petitioner therefore, seeks appropriate directions in this regard

in the writ petition.

W.P.(C) No.6362 of 2021

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2. Heard the learned counsel for the petitioner.

3. Having regard to the facts and circumstances,

the writ petition is disposed of directing the respondent to

consider Exts.P4 and P7 requests with notice to the petitioner

and other affected persons, if any, and pass appropriate orders

thereon, within a period of month.

Sd/-

P.B.SURESH KUMAR JUDGE ds 12.03.2021 W.P.(C) No.6362 of 2021

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APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT NO.

A3-BA (168248)/2019 DATED 24-09-2018 ISSUED BY THE RESPONDENT

EXHIBIT P2 TRUE COPY OF THE SURVEY PLAN NO.

P1977/19KDIS DATED 06-11-2019 ISSUED BY THE TALUK SURVEYOR

EXHIBIT P3 TRUE COPY OF THE STOP MEMO NOTICE NO.

SC4/2557/2020 DATED 10-03-2020 ISSUED BY THE RESPONDENT

EXHIBIT P4 TRUE COPY OF THE REPLY DATED 19-03-

2020 FILED BY THE PETITIOENR

OF 2020 ON THE FILE OF THE LEARNED MUNSIFF COURT II, KOZHIKODE DATED 20-

03-2020

EXHIBIT P6 TRUE COPY OF THE COMMISSION REPORT DATED 16-07-2020 SUBMITTED BY ADVOCATE AKHIL NARAYANAN IN O.S NO 173 OF 2020 ON THE FILE OF THE LEARNED MUNSIFF COURT II, KOZHIKODE

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 21-07-2020 SUBMITTED BY THE PETITIONER.