Velladath Krishnan vs The Mangattidam Grama Panchayat
2021 Latest Caselaw 23265 Ker

W.P.(C) Nos. 17815/2016 &
8378/2019                         : 1:



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943

                         WP(C) NO. 17815 OF 2016

PETITIONER/S:

     1     VELLADATH RAGHAVAN
           RAGHAVAN, RAGAM, MOONAMPEEDIKA, P.O.NIRMALAGIRI,
           KUTHUPARAMBA.

     2     ADDITIONAL PETITIONERS 2 AND 3 IMPLEADED:

           VIJAYALAKSHMI K., W/O. LATE RAGHAVAN, AGED 62 YEARS,
           RESIDING VELLADATH HOUSE, MOONNAMPEEDIKA, NIRMALAGIRI
           P.O., KANNUR DISTRICT.

     3      RAJINRAJ K, S/O. LATE RAGHAVAN, AGED 36 YEARS, RESIDING
           VELLADATH HOUSE, MOONNAMPEEDIKA, NIRMALAGIRI P.O., KANNUR
           DISTRICT.

           (ADDL. PETITIONERS 2 AND 3 IMPLEADED AS PER ORDER DATED
           25.11.2021 IN I.A.NO. 2/2021)

           BY ADVS.
           SRI.K.I.MAYANKUTTY MATHER
           K.MOHANAKANNAN
           SRI.P.RAHUL

RESPONDENT/S:

     1     MANGATTIDAM GRAMA PANCHAYATH
           MANGATTIDAM, P.O.NIRMALAGIRI, KOOTHUPARAMBA - 670 701.,
           REPRESENTED BY ITS SECRETARY.

     2     THE SECRETARY
           MANGATTIDAM GRAMA PANCHAYATH MANGATTIDAM,
           P.O.NIRMALAGIRI, KOOTHUPARAMBA - 670 701.

     3     VELLADATH KRISHNAN
           S/O.AMBOOTTY, THIRUMANA MOONAM PEEDIKA, MANGATTIDAM
           AMSOM, KURUMBIKKAL DESOM, NIRMALAGIRI P.O., THALASSERY
 W.P.(C) Nos. 17815/2016 &
8378/2019                         : 2:


           TALUK, PIN: 670 701.

           BY ADVS.
           SRI.MURALI PURUSHOTHAMAN
           SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
           R3 BY SRI.K.V.PAVITHRAN
           R1 BY SRI.DEEPU LAL MOHAN, SC
           SRI.P.SAJU




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

25.11.2021, ALONG WITH W.P.(C) NO. 8378/2019, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:
 W.P.(C) Nos. 17815/2016 &
8378/2019                           : 3:



               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943

                           WP(C) NO. 8378 OF 2019

PETITIONER/S:
            VELLADATH KRISHNAN
            AGED 78 YEARS,
            S/O. AMBUKITTY, ARTIST, THIRUMANA, MOONAM PEEDIKA,
            MANGATTIDAM AMSOM, KURUMBUKKAL DESOM, P.O, NIRMALAGIRI,
            THALASSERI TALUK, PIN-670 701

           BY ADVS.
           K.V.PAVITHRAN
           JAYANANDAN MADAYI PUTHIYAVEETTIL

RESPONDENT/S:
     1    THE MANGATTIDAM GRAMA PANCHAYAT
          REPRESENTED BY ITS SECRETARY, P.O, NIRMALAGIRI, THALASSERI
          TALUK, PIN-670 701

     2     THE SECRETARY,
           MANGATTIDAM GRMA PANCHAYAT P.O, NIRMALAGIRI, THALASSERI
           TALUK, PIN-670 701.

     3     VELLADATH RAGHAVAN,
           S/O. RAMUNNI, AGED ABOUT 68 YEARS, PHOTOGRAPHER, MOONAM
           PEEDIKA, P.O. NIRMALAGIRI, THALASSERI TALUK, PIN-670 701

           BY ADVS.
           SRI.MURALI PURUSHOTHAMAN
           SRI.ABRAHAM K.JOHN
           SRI.P.K.BALAKRISHNAN
           R1 & R2 BY SRI.DEEPU LAL MOHAN, SC
           SMT.C.G.ARUNDHATHI

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

25.11.2021, ALONG WITH W.P.(C) NO. 17815/2016, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:
 W.P.(C) Nos. 17815/2016 &
8378/2019                          : 4:


            Dated this the 25th day of November, 2021.

                            JUDGMENT

The captioned writ petitions are materially connected in respect

of a building permit secured by the petitioner in W.P.(C) No. 17815 of

2016 from the Secretary of Mangattidam Grama Panchayat--second

respondent and the challenge there in is to an adverse order passed

by the Secretary of the Grama Panchayat against the petitioner ;

whereas, the connected writ petition is filed by a resident within the

Grama Panchayat and the neighbour of the petitioner in the connected

writ petition seeking a direction to the Grama Panchayat and its

Secretary to proceed against the construction carried out by the writ

petitioner in W.P.(C) No. 17815 of 2016 in violation of the Building

Rules and disregarding the direction to stop construction. The

petitioner in the said writ petition died and consequently his legal heirs

are impleaded as additional petitioners 2 and 3 as per an order passed

today.

2. The basic facts discernible from W.P.(C) No. 17815 of 2016

are as follows:

The petitioner is the owner in possession of an extent of 31 cents

of property situated in RS No. 68/1 of Mangattidom Amsom, W.P.(C) Nos. 17815/2016 & 8378/2019 : 5:

Thalassery Taluk. The petitioner has secured Ext. P1 building permit

and Exts. P1(a) and P1(b) approved drawings to construct a single

storied residential building in about 6 cents of property, out of the

aforesaid 31 cents. According to the petitioner, the third respondent,

namely Velladath Krishnan, who is the petitioner in the connected writ

petition, who is not in good terms with the petitioner, filed W.P.(C) No.

36264 of 2008 before this Court seeking a direction not to allow the

petitioner to construct the building without constructing a retaining

wall. Velladath Krishnan has also filed O.S. No. 242 of 2007 seeking

injunction against the petitioner. The aforesaid writ petition was

disposed of, as per Ext. P2 judgment dated 6 th July, 2009, confirming

the interim order earlier passed to the effect that the construction of

the building shall be done only after constructing the retaining wall.

3. The case of the petitioner is that in perfect compliance with

Ext.P2 judgment and Ext. P1 building permit, the petitioner proceeded

with the construction after putting up a stable retaining wall. But, the

retaining wall collapsed. Taking advantage of the situation, Velladath

Krishnan moved Munsiff's Court, Koothuparamba and obtained an

interim order in line with Ext. P2 judgment, evident from Ext. P3 order

dated 24.09.2009, which according to the petitioner, did not prohibit W.P.(C) Nos. 17815/2016 & 8378/2019 : 6:

the further construction, but only made certain conditions to ensure a

suitable retaining wall. Further case of the petitioner is that after the

said order, petitioner proceeded with the construction of the house as

well as a stable retaining wall on the southern and northern side of his

property. The petitioner has produced Ext. P4 photographs to

demonstrate the same. It is further submitted that after the

completion of the construction, the petitioner made a request before

the Secretary of the Grama Panchayat for the issuance of an

occupancy certificate, as well the assignment of door number to the

building. However, that request was turned down by the Secretary of

the Panchayat as per Ext. P5 order dated 28.02.2011, which according

to the petitioner, was done at the instigation of the Velladath Krishnan.

Anyhow, the petitioner has a case that in response to the said

communication, he sent a letter to the second respondent to inspect

and confirm the stability of the retaining wall put up by the petitioner,

evident from Ext. P6.

4. While so, Velladath Krishnan field W.P.(C) No. 16348 of 2010

seeking a direction to the Secretary of the Grama Panchayat not to

assign building number or occupancy certificate without constructing

sufficiently strong retaining walls for the protection of the property of W.P.(C) Nos. 17815/2016 & 8378/2019 : 7:

Sri. Velladath Krishnan on the northern and southern side abutting the

property of the Velladath Raghavan, the petitioner. The said writ

petition was disposed of, as per Ext. P7 judgment dated 09.09.2015,

directing the Secretary of the Grama Panchayat to conduct inspection

of the petitioner's property and to verify as to whether condition No. 6

contained in the building permit has been complied with by the

petitioner. It was further directed that numbering the building and

issuance of occupancy certificate shall be done only if the first

respondent is satisfied that the conditions contained in the permit are

complied with.

5. The case of the petitioner is that pending the said writ

petition, the construction of the building as well as the retaining wall

was completed and later, the Secretary has assigned door No. 2/482A

and started collecting property tax from the petitioner. The

photographs showing building number and tax receipts are produced

as Exts.P8 and P9 series.

6. The further case of the petitioner is that, thereafter he

applied for construction of a further floor on the existing building,

evident from Ext. P10 drawing. Anyhow, it is submitted that while

processing the said application, Velladath Krishnan, projecting Ext., P7 W.P.(C) Nos. 17815/2016 & 8378/2019 : 8:

judgment of this Court dated 09.09.2015 in W.P.(C) No. 16348 of 2010

persuaded the Secretary of the Grama Panchayat not to consider the

application without confirming the directions contained in the said

judgment. It is also submitted that Ext., P11 complaint was submitted

by Velladath Krishnan before the Secretary of the Grama Panchayat.

7. The sum and substance of the contention is that the

petitioner has complied with the conditions in the building permit and

therefore, there was no inhibition standing in the way of ratifying the

building number already assigned to the building i.e., 2/482A.

Anyhow, it is admitted by the petitioner that Ext. P12 communication

was issued by the Secretary of the Grama Panchayat dated

13.01.2016 stating that the building number assigned to the petitioner

is a temporary one i.e., MP 9/500B and for the reason of non

compliance of the construction of the retaining wall, the Secretary

proposes to cancel the temporary number assigned to the building.

8. The contention of the petitioner is that the said stand

adopted by the Secretary of the Grama Panchayat is totally illegal and

arbitrary. Anyhow, Ext. P13 representation dated 28.03.2016 is stated

to have been submitted before the Secretary explaining the

background and requesting not to precipitate the issues. Further W.P.(C) Nos. 17815/2016 & 8378/2019 : 9:

contention of the petitioner is that thereafter the Secretary of the

Grama Panchayat, after making an enquiry and hearing, issued Ext.

P14 order dated 11.04.2016 directing the petitioner to construct a

retaining wall with a height of 3.85 meters on the south eastern side

and 4.35 meters on the north earstern side of his property abutting

the property of the Velladath Krishnan. The petitioner contends that

Ext. P14 is illegal and arbitrary and tainted with mala fides. It is, thus,

challenging the legality and correctness of Ext. P14 and for other

consequential reliefs, the writ petition is filed.

9. The Panchayat and the Secretary of the Grama Panchayat

have filed a joint counter affidavit, inter alia, contending that:

The Petitioner has, later, submitted an application dated 07-04-

2010 before the 2nd respondent stating that the construction of the

building and also retaining wall has been completed and accordingly,

requested for inspection of the same and for assignment of building

number for the residential building. However, pursuant to site

inspection, the Assistant Engineer reported that the petitioner had, at

no point of construction of retaining wall, apprised the office of the

Assistant Engineer either regarding the materials used or the method

of constructing the retaining wall and therefore, the data based on W.P.(C) Nos. 17815/2016 & 8378/2019 : 10:

which expert opinion regarding the stability of the retaining wall could

be given, is not available in the office of the Assistant Engineer.

Therefore, left with no other option, the 2 nd Respondent issued Ext. P5

communication to the petitioner, informing him that further action on

the application dated 07-04-2010 submitted by him could be initiated

only after receipt of report from the Assistant Engineer, certifying the

stability and safety of the retaining wall.

10. While so, the 3rd respondent approached this Court by filing

W.P.(C) No. 16348 of 2010 praying for a direction to the 2nd respondent

not to assign building number and occupancy certificate to the building

constructed by the petitioner before he constructs a sufficiently strong

retaining wall for the protection of the 3 rd respondent's property and

also to direct the 2nd respondent to enforce the 6 th condition in Ext. P1

building permit before assigning building number and completion

certificate to the petitioner. Later, W.P.(C) No. 16348 of 2010 was

disposed of by this Court, as per Ext. P7 judgment, with direction to

the 2nd respondent to conduct an inspection in the petitioner"s

property and to verify whether condition No. 6 contained in Ext. P1

building permit has been complied with and it was also observed in

Ext. P7 judgment that the numbering of the building and issuance of W.P.(C) Nos. 17815/2016 & 8378/2019 : 11:

occupancy certificate shall be done only after the 2 nd respondent is

satisfied that the conditions contained in the building permit are

complied with.

11. Therefore, going by Ext. P7 Judgment, assignment of

permanent building number for the building constructed by the

petitioner could be done only after fully complying with the conditions

in Ext. P1 building permit, especially condition No. 6 thereof and

therefore, the petitioner's building was only assigned a temporary

building number and since at the relevant time, petitioner's building

was situated in Ward No. IX of Mangattidam Grama Panchayat, it was

assigned a temporary building number as MP IX/500B. Thereafter, the

said ward was re-numbered as Ward No. II of Mangattidam Grama

Panchayat and consequently the petitioner's building was assigned

with revised temporary building number as 2/482A. Annexure R2(a) is

the relevant extract of the temporary building number register of 1 st

respondent Panchayat.

12. Subsequently, the petitioner submitted Annexure R2(b)

application dated 07-01-2016 seeking building permit for construction

of the first floor above petitioner's building bearing temporary building

number as 2/482A. On receipt of Annexure-R2(b) application, since it W.P.(C) Nos. 17815/2016 & 8378/2019 : 12:

was found that even before fully complying with condition No. 6 of Ext.

P1 building permit regarding construction of retaining wall, the

petitioner was attempting to make further construction over the

petitioner's building bearing temporary building number as 2/482A,

which was impermissible as per Ext. P7 judgment, the 2nd respondent

issued Ext. P12, notice to the petitioner informing him that as per

Ext.P7 judgment of this Court, unless he constructs a retaining wall

providing full lateral support to the 3 rd respondent's property, the

petitioner cannot carry on any construction over the petitioner's

building assigned with temporary building number.

13. Accordingly, as per Ext. P12, the 2 nd respondent directed the

petitioner to show cause within 7 days as to why the temporary

building number assigned to the petitioner's building shall not be

cancelled. However, in Ext. P12, by way of a bona fide typographical

mistake, the temporary number of the petitioner's building was

mentioned as MP IX/500B instead of 2/482A. In reply to Ext. P12

notice, the petitioner submitted representations dated 28-01-2016 and

02-02-2016 mainly contending that he had completed the construction

of the building as well as retaining wall and that since condition No. 6

has already been complied with by the petitioner, the temporary W.P.(C) Nos. 17815/2016 & 8378/2019 : 13:

building number assigned to the petitioner's building as 2/482A was

changed and the Panchayat had assigned permanent building number

to the petitioner's building as 2/482A and also started to collect

property tax.

14. Thereafter, the petitioner was provided with an opportunity

of personal hearing in the matter by the 2 nd respondent on 11-03-

2016. Even thereafter, the petitioner submitted Ext. P13

representation reiterating the aforementioned contentions and also

requested the 2nd respondent to take a decision as directed in Ext. P7

judgment of this Court, and also to issue building permit, as applied

for as per Annexure R2(b) application.

15. Thus, the 2nd respondent issued Ext. P14, whereby the

petitioner was informed that on site inspection by the Overseer, it is

found that the retaining wall constructed by the petitioner is

incomplete and insufficient to provide complete lateral support to the

3rd respondent's property and accordingly, the petitioner was directed

to raise the height of the retaining wall by 3.85 metres on the south-

eastern side and by 4.35 meters on the north-eastern side within 40

days from the date of receipt of Ext. P14 and upon completion of such W.P.(C) Nos. 17815/2016 & 8378/2019 : 14:

construction, to inform the same in writing to the Panchayat. Further,

as per Ext. P14, the petitioner was also informed that Annexure R2(b)

application for building permit submitted by the petitioner would be

considered after complying with the direction in Ext. P14.

16. Therefore, according to the Grama Panchayat, even during

the pendency of the writ petition, the construction was carried out and

the same was completed taking advantage of the interim stay of Ext.

P12 order passed by the Secretary of the Panchayat cancelling the

temporary number granted. Anyhow, on 04.02.2019, it seems, the

petitioner has caused, to issue Annexure R2(g) lawyer notice to issue

building permit to the petitioner to construct the first floor of the

building in question. To the said lawyer notice, the Secretary has

issued a letter dated 11.02.2019 basically stating that since the

construction contained in Ext. P7 judgment dated 09.09.2015 in W.P.

(C) No. 16348 of 2010 is binding on the parties, the application

submitted by the petitioner seeking permit for the construction of the

first floor cannot be considered without constructing a retaining wall

providing lateral support to Velladath Krishnan, evident from Annexure

R2(h).

17. While so, Velladath Krishnan approached this Court by filing W.P.(C) Nos. 17815/2016 & 8378/2019 : 15:

the instant writ petition seeking a direction to the Secretary to

demolish the illegal construction made. Anyhow, it is stated that O.S.

No. 242 of 2007 filed by Velladath Krishnan was dismissed by the

Munsiffs Court, Koothuparamba, and aggrieved by the judgment and

decree he has preferred A.S. No. 52 of 2017 before the Additional

Subordinate Judge's Court, Thalassery, which is pending consideration.

18. The sum and substance of the contention put forth by the

Grama Panchayat is that consequent to the pendency of the writ

petition and the interim order granted, no further coercive action could

be taken by the Secretary of the Grama Panchayat. The Panchayat

has denied the allegation made against the Panchayat and the

Secretary in regard to the collusion made with Velladath Krishnan in

the matter of issuing orders. It is further reiterated in the statement

that the building numbers assigned are only temporary numbers, and

without verifying the legality of the construction by the Secretary when

the completion certificate is submitted by the petitioner along with the

requisite documents, the permanent building numbers and occupancy

certificate cannot be granted to the petitioner in W.P.(C) No.17185 of

2016.

19. Velladath Krishnan in his writ petition has made allegations W.P.(C) Nos. 17815/2016 & 8378/2019 : 16:

against the constructions in question substantially in line with the

contentions and statements made by the Grama Panchayat and the

Secretary in their joint statement, and therefore they are not narrated

separately.

20. I have heard the learned counsel for the petitioner in W.P.(C)

No. 17815 of 2016, Sri. K. Mohanakannan, Sri. K.V Pavithran appeared

for the petitioner in W.P.(C) No. 8378 of 2019 and Sri. Deepulal Mohan

for the Grama Panchayat, and perused the pleadings and materials on

record.

21. The discussion of facts made above would make it clear that

various issues in regard to the construction carried out by the

petitioner in W.P.(C) No. 17815 of 2016 were raised by the Velladath

Krishnan and the Grama Panchayat. It would further show that the

petitioner in W.P.(C) No. 17815 of 2016, late Velladath Raghavan, was

issued with a building permit with a rider that he has to construct

retaining wall on the sides of his property abutting the property of the

Velladath Krishnan, which issue was settled as per Ext. P7 judgment

dated 09.09.2015 in W.P.(C) No. 16348 of 2010, in which the Velladath

Raghavan was also a party, and as per which a learned single Judge of

this Court has directed the Secretary of the Grama Panchayat to W.P.(C) Nos. 17815/2016 & 8378/2019 : 17:

conduct an inspection in the property of Velladath Raghavan and to

verify as to whether condition No. 6 contained in the building permit

has been complied with.

22. It was further directed that numbering the building and

issuance of occupancy certificate shall be done only if the Secretary is

satisfied that the conditions contained in the building permit are

complied with, and accordingly, directed to take action within a period

of one month from the date of receipt of a copy of the judgment. It is

clear from the statement filed by the Grama Panchayat and the

Secretary that even though Ext. P14 order was passed by the

Secretary dated 11.04.2016 directing Velladath Raghavan ie., the

petitioner in W.P.(C) No. 17815 of 2016, to construct the retaining wall

within 40 days, and thereafter alone, the proceedings in respect of the

permit would be finalised, he has not taken any action.

23. Whatever that be, now it is submitted by the learned

counsel for the Grama Panchayat that the petitioner has completed

the construction of the first floor in the guise of a deemed permit.

Therefore, going by the provisions of the Kerala Panchayat Building

Rules, 2011, necessarily a completion certificate has to be submitted

before the Secretary of the Grama Panchayat along with the attendant W.P.(C) Nos. 17815/2016 & 8378/2019 : 18:

documents, including a completion plan, building plan and other

drawings enabling the Secretary to process the application and take

appropriate decision in regard to the grant of the occupancy certificate

and numbering of the building, in terms of the applicable building

rules. This is a necessary and mandatory requirement for the above

specified aspects and in the matter of regularising the constructions, if

done in accordance with the rules in force.

24. Since it is admitted by the petitioner in W.P.(C) No. 17815 of 2016

that the retaining wall was constructed in accordance with the

stipulations contained in the building permit, it is for the Secretary to

consider the completion certificate to be produced by the petitioner

and identify as to whether the building is constructed in accordance

with the permit conditions and plan, and the Building Rules that was in

force.

25. Therefore, the writ petitions are disposed of directing the

petitioner in W. P. © No. 17815 of 2016 to produce the completion

certificate along with all attendant and required documents before the

Secretary of the Grama Panchayat within one month from the date of

receipt of a copy of this judgment, and if any such application is filed

by the petitioner, it shall be considered in accordance with law at the W.P.(C) Nos. 17815/2016 & 8378/2019 : 19:

earliest and at any rate within two months thereafter, after providing a

notice of hearing to the legal heirs of Velladath Raghavan, and

Velladath Krishnan.

However, I make it clear that if the petitioner is not taking

adequate steps as directed above, the Secretary of the Grama

Panchayat would be at liberty to proceed in accordance with law.

sd/- SHAJI P. CHALY, JUDGE.

Rv
 W.P.(C) Nos. 17815/2016 &
8378/2019                           : 20:




                         APPENDIX OF WP(C) 17815/2016

PETITIONER'S EXHIBITS:

EXT. P1                   TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE
                          1ST RESPONDENT DATED 12/8/2008.

EXT. P1(a)                TRUE COPY OF THE APPROVED DRAWING DATED
                          12/8/2008

EXT. P1(b)                TRUE COPY OF THE APPROVED SITE PLAN DATED
                          12/8/2008

EXT. P2                   TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
                          IN WPC NO.36264/2008

EXT. P3                   TRUE COPY OF THE INTERIM ORDER PASSED BY THE
                          MUNSIFF COURT, KOOTHUPARAMBA IN I.A

NO.1311/2009 IN OS 242/2007 DATED 24/9/2009

EXT. P4 PHOTOGRAPH SHOWING CONSTRUCTION OF THE RETAINING WALL PUT UP BY THE PETITIONER AS WELL AS THE HOUSE DATED NIL.

EXT. P5 TRUE COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT TO THE PETITIONER DATED 28/2/2011.

EXT. P6 TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 14/3/2011

EXT. P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.16348/2010 DATED 9/9/2015

EXT. P8 PHOTOGRAPH DISCLOSING THE ASSIGNMENT OF DOOR NUMBER TO THE PETITIOENR'S BUILDING DATED NIL

EXT. P9 TRUE COPY OF THE PROPERTY TAX RECEIPT FOR THE PERIOD 2013-14 DATED 23/12/2013

EXT. P9(a) TRUE COPY OF THE PROPERTY TAX RECEIPT FOR THE PERIOD 2014-15 DATED 23/1/2015

EXT. P9(b) TRUE COPY OF THE PROPERTY TAX RECEIPT FOR THE W.P.(C) Nos. 17815/2016 & 8378/2019 : 21:

PERIOD 2015-16 DATED 1/1/2016

EXT. P10 TRUE COPY OF THE DRAWING SUBMITTED BY THE PETITIONER FOR THE 1ST FLOOR FOR APPROVAL BEFORE THE 2ND RESPONDENT DATED 7/1/2016

EXT. P11 TRUE COPY OF THE COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 25/11/2015

EXT. P12 TRUE COPY OF NOTICE GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER DATED 13/1/2016

EXT. P13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28/3/2016

EXT. P14 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 11/4/2016

RESPONDENTS' ANNEXURES:

Annexure R2(a) THE PHOTOCOPY OF THE RELEVANT EXTRACT OF THE TEMPORARY BUILDING NUMBER REGISTER OF 1ST RESPONDENT PANCHAYAT.

Annexure R2(b) THE PHOTOCOPY OF APPLICATION FOR BUILDING PERMIT DATED 07.01.2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Annexure R2(c) THE PHOTOCOPY OF LETTER NO.A2.159/15 DATED 28.04.2017 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.

Annexure R2(d) THE PHOTOCOPY OF LETTER DATED 03.05.2018 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.

Annexure R2(e) THE PHOTOCOPY OF LETTER NO.B1.307/2019 DATED 17.01.2019 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.

Annexure R2(f) THE PHOTOCOPY OF LETTER DATED 23.02.2019 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.

Annexure R2(g)       THE PHOTOCOPY OF LAWYER NOTICE DATED 04.02.2019
 W.P.(C) Nos. 17815/2016 &
8378/2019                      : 22:

CAUSED TO BE ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.

Annexure R2(h) THE TRUE COPY OF THE LETTER DATED 11.02.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S LAWYER.

/True Copy/

PS to Judge.

 W.P.(C) Nos. 17815/2016 &
8378/2019                         : 23:



                      APPENDIX OF WP(C) 8378/2019

PETITIONER EXHIBITS

EXHIBIT P1              TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE
                        PANCHAYAT TO THE 3RD RESPONDENT.

EXHIBIT P2              TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
                        16348/2010 DATED 9.9.2015

EXHIBIT P3              TRUE COPY OF THE COVERING LETTER DATED
                        25.11.2015 PRODUCING THE JUDGMENT.

EXHIBIT P4              TRUE COPY OF THE ORDER OF THE PANCHAYAT
                        SECRETARY DATED 11.4.2016

EXHIBIT P5              TRUE PHOTOGRAPH OF THE FIRST STAGE
                        CONSTRUCTION MADE ILLEGALLY.

EXHIBIT P6              TRUE PHOTOGRAPH SHOWING CONSTRUCTION UPTO
                        THE LINTEL LEVEL ON THE 1ST FLOOR OF THE
                        BUILDING.

EXHIBIT P7              TRUE PHOTOGRAPH SHOWING WORKERS ENGAGED IN
                        CONSTRUCTION OF THE BUILDING.

EXHIBIT P8              TRUE PHOTOGRAPH SHOWING THE PRESENT STAGE OF
                        CONSTRUCTIONS.

RESPONDENT EXHIBITS

EXHIBIT R3(a)           TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED, 30-
                        06-2017 IN OS NO.242 OF 2007 OF THE MUNSIFF
                        COURT, KUTHUPARAMBA.

EXHIBIT R3(b)           TRUE PHOTOSTAT COPY OF THE ORDER DATED 24-09-09
                        IN IA NO. 1311/2009 IN OS NO. 242/2007 OF THE
                        MUNSIFF COURT, KUTHUPARAMBA.

Annexure R2(a)          THE PHOTOCOPY OF THE RELEVANT EXTRACT OF THE
                        TEMPORARY BUILDING NUMBER REGISTER OF 1ST
                        RESPONDENT PANCHAYAT.

Annexure R2(b)          THE PHOTOCOPY OF APPLICATION FOR BUILDING
                        PERMIT DATED 07.01.2016 SUBMITTED BY THE
                        PETITIONER BEFORE THE 2ND RESPONDENT.
 W.P.(C) Nos. 17815/2016 &
8378/2019                      : 24:


Annexure R2(c)       THE PHOTOCOPY OF LETTER NO.A2.159/15 DATED

28.04.2017 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.

Annexure R2(d) THE PHOTOCOPY OF LETTER DATED 03.05.2018 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.

Annexure R2(e) THE PHOTOCOPY OF LETTER NO.B1.307/2019 DATED 17.01.2019 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.

Annexure R2(f) THE PHOTOCOPY OF LETTER DATED 23.02.2019 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.

Annexure R2(g) THE PHOTOCOPY OF LAWYER NOTICE DATED 04.02.2019 CAUSED TO BE ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.

Annexure R2(h) THE TRUE COPY OF THE LETTER DATED 11.02.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S LAWYER.

/True Copy/

PS to Judge.

rv