Sathar T.K vs Onchiyam Grama Panchayath
2021 Latest Caselaw 21839 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                        WP(C) NO. 7597 OF 2021
PETITIONERS:

    1     SATHAR T.K
          AGED 50 YEARS
          S/O. LATE HASSAN, AYADATHIL, ORKKATTERI P.O,
          VADAKARA 673 501 DISTRICT KOZHIKODE.

    2     MUHAMMED T.K,
          AGED 49 YEARS
          S/O. ABDULLA, THIYATHIKALAVATH HOUSE,
          KIDANJI P.O 670 675

          BY ADVS.
          K.S.SANTHI
          SRI.ALEXY AUGUSTINE
          SMT.LATHA SUSAN CHERIAN
          SRI.GEORGE A.CHERIAN



RESPONDENTS:

    1     ONCHIYAM GRAMA PANCHAYATH
          VADAKARA, REPRESENTED BY ITS SECRETARY, ONJIYAM,
          VADAKARA P.O, KOZHIKODE 673 101

    2     THE SECRETARY
          ONCHIYAM GRAMA PANCHAYATH, ONJIYAM, VADAKARA P.O,
          KOZHIKODE 673 101

          BY ADVS.
          VINOD SINGH CHERIYAN
          K.P.SUSMITHA
          T.M.KHALID




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7597 OF 2021

                                      2


                                 JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) issue a writ of mandamus or any other writ order or direction, directing the respondents to receive to file, Exhibit P11 and Exhibit P12.

ii) issue a writ of mandamus order or direction directing the respondents to pass orders on the application for regularization and plan, within a specified period on receipt of the same."

2. Heard the learned counsel for the petitioners and the learned

Standing Counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioners that

the petitioners are the owners in possession of a plot of land within the

jurisdiction of the respondent Panchayath. They had surrendered the

land in front of their building for the widening of a PWD road. It is

submitted that they had made applications for the reconstruction of

the building which was situated in the property. However, the

respondents had issued notice stating that the reconstruction is done

without obtaining permit from the Panchayath. The petitioners,

therefore, submitted applications for building permit as also for WP(C) NO. 7597 OF 2021

regularisation of the reconstructions carried out by them. The same is

also rejected by Ext.P9 stating that the applications have to be

submitted online. The learned counsel for the petitioners submits that

Exts.P11 and P12 applications have thereafter been submitted by the

petitioners for building permit as well as for the regularisation of the

construction. However, no orders are passed thereon.

4. The respondents have placed a counter affidavit on record

wherein, it is submitted that the petitioners has not exhausted the

statutory remedy available. It is further submitted that the petitioners

had been directed to make applications online but even after

resubmission of the applications as is evident from page 3 of Ext.P11,

the licenced Architect had not singed the sketch/ plan. Further it is

submitted that the new construction is a double stored construction

erected in the place of a single stored building and therefore the old

number cannot be allotted to the building.

I have considered the contentions advanced. It is apparent that

after Ext.P9 communication has been received, the petitioners have

submitted Ext.P11 plan showing the construction details as also Ext.P12

application for regularisation of the construction. In the counter WP(C) NO. 7597 OF 2021

affidavit filed on behalf of the respondents also there is no contention

that the online application has not been received by the respondents. In

the above view of the matter, I am of the opinion that the applications

submitted by the petitioners for regularisation as well as for building

permit are liable to be considered in accordance with law by the

respondents. In case there is any deficiency in the applications, the

petitioners are liable to be put on notice and opportunity is to be given

to rectify the same. In the result, there will be a direction to the

respondents to take up the application submitted by the petitioners and

pass appropriate orders thereon after taking note of the fact that land

had been voluntarily surrendered by the petitioners for widening of the

road free of cost. Appropriate steps shall be taken and orders passed on

the applications within a period of six weeks from the date of receipt of

a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 7597 OF 2021

APPENDIX OF WP(C) 7597/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LETTER DATED 23-10-2020 ISSUED BY ASSISTANT ENGINEER PUBLIC WORKS DEPARTMENT VADAKARA ISSUED TO THE FIRST PETITIONER.

EXHIBIT P1 A TRUE COPY OF THE LETTER DATED 23-10-2020 ISSUED BY ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT VADAKARA ISSUED TO THE SECOND PETITIONER.

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 8-7-201I ISSUED BY WARD MEMBER OF THE PANCHAYATH

EXHIBIT P3 TRUE COPY OF THE D AND O LICENCE DATED 24-

10-2017 ISSUED TO THE FIRST PETITIONER BY ONCHIYAM GRAMA PANCHAYATH

EXHIBIT P4 TRUE COPY OF THE PROFESSION TAX RECEIPT DATED 11-12-2018 ISSUED BY ONCHIYAM GRAMA PANCHAYATH

EXHIBIT P5 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 8-12-2014 ISSUED BY ONCHIYAM GRAMA PANCHAYATH TO BUILDING NO. 7/446

EXHIBIT P6 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 6-3-2019 ISSUED BY RESPONDENT TO 2ND PETITIONER

EXHIBIT P7 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 6-3-2019 ISSUED BY ONCHIYAM GRAMA PANCHAYATH TO 2ND PETITIONER AND OTHERS

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 24-07-2019 ISSUED BY RESPONDENTS.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 22-08-2019 ISSUED BY THE RESPONDENT

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 29-10-2019 WP(C) NO. 7597 OF 2021

BY THE 2ND PEITTIONER.

EXHIBIT P11 TRUE COPY OF THE PLAN SHOWING PROPOSED SHOP BUILDING SIGNED BY THE LICENCED SUPERVISOR.

EXHIBIT P12 TRUE COPY OF THE APPLICATION FOR PERMIT/REGULARIZATION DATED 1-12-2020