Sukumaran vs The Chalavara Grama Panchayath
2021 Latest Caselaw 9975 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.4074 OF 2021(H)


PETITIONER:

               SUKUMARAN, AGED 62 YEARS
               S/O SREEDEVI AMMA, SRAMBICKAL HOUSE,
               KANNIYAMPURAM P O, OTTAPPALAM, PALAKKAD, PIN-679104.

               BY ADVS.
               SRI.M.G.KARTHIKEYAN
               SRI.NIREESH MATHEW

RESPONDENTS:

      1        THE CHALAVARA GRAMA PANCHAYATH,CHALAVARA P O,
               PALAKKAD DISTRICT, PIN-679505, REPRESENTED
               BY ITS SECRETARY.

      2        THE SECRETARY,THE CHALAVARA GRAMA PANCHAYAT,
               CHALAVARA P O, PALAKKAD DISTRICT, PIN-679505.

               R1-2 BY ADV. SRI.R.SREEHARI
               R1-2 BY ADV. SRI.K.R.SANTHOSH KUMAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4074 OF 2021(H)

                                         2




                                JUDGMENT

Dated this the 24th day of March 2021

Ext P3 application submitted by the petitioner

seeking change of occupancy of his building situated in

RS No.140/4 Chalavara grama panchayath from residential

to commercial has been rejected as per Ext R1(a) dated

23.02.2021. The rejection was on the ground that

petitioner is not the owner of the building number

mentioned in the application. The correct building number

is 5/IUA/2019, however, it was wrongly mentioned as

5/221, in the contention.

2. Incorporating the correct number, the petitioner

filed Ext P2 petition before the panchayath, pending the

writ petition. A copy of the same is produced as Ext P4.

It is pointed out that the application ought to be filed

in the form as prescribed under Chapter II Rule 5(1)(b)

of the Kerala Panchayath Building Rules, 2019. The

petitioner undertakes to file the application in the

proper format.

WP(C).No.4074 OF 2021(H)

The writ petition is disposed of directing the 2 nd

respondent to consider Ext P4 along with the application

if any filed by the petitioner in terms of Chapter II

Rule 5(1)(b) referred to supra, and pass appropriate

orders thereon expeditiously and at any rate within a

period of one month from the date of receipt of a copy of

this judgment.

Sd/-

SATHISH NINAN

JUDGE vdv WP(C).No.4074 OF 2021(H)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER NO RDOOTP/1715/2019-G2 DATED 06.11.2020 PASSED BY THE RDO, OTTAPALAM.

EXHIBIT P2 TRUE PHOTOCOPY OF THE COMMON ORDER DATED 13.01.2021 IN APPEAL NOS. 700 & 678 OF 2019 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

EXHIBIT P3 TRUE PHOTOCOPY OF THE APPLICATION DATED 28/01/2021 SUBMITTED BEFORE THE RESPONDENTS.