Kerala High Court
Krishnan vs Cherpu Grama Panchayat on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
WP(C) NO. 25602 OF 2013
PETITIONER/S:
KRISHNAN
AGED 57 YEARS
S/O.KUTTAPPAN, KUZHUPPULLI PARAMBIL HOUSE, OORAKAM PO,
THRISSUR DISTRICT 680 562.
BY ADVS.
SRI.P.SANTHOSH (PODUVAL)
SMT.R.RAJITHA
RESPONDENT/S:
1 CHERPU GRAMA PANCHAYAT
REP.BY ITS SECRETARY, CHERPU PO, THRISSUR 680 561.
2 THE DEPUTY DIRECTOR OF PANCHAYAT THRISSUR 680 561.
3 KERALA LAND DEVELOPMENT CORPORATION
REP.BY CONSTRUCTION ENGINEER, THRISSUR 680 020
4 KERALA STATE ELECTRICITY BOARD
REP.BY ASSISTANT ENGINEER, ELECTRICAL SECTION, CHERPU
PO, THRISSUR DISTRICT 680 561.
5 BINOY, S/O.BABU, KANNOLI HOUSE, VELANGODU LANE, OORAKAM
PO, THRISSUR DISTRICT 680 562.
R2 BY SRI.JACOB E SIMON, GOVERNMENT PLEADER
R4 BY SRI. ANUROOP
R5 BY SRI.P.SAMSUDIN
R3 BY SRI.BAIJURAJ G., SC, KLDC LTD.
SRI.P.G.DEVADAS
SMT.NIMA JACOB
SRI.A.ABDULKHARIM, SC, KERALA LAND DEVP.CORPN. LTD.
SRI.N.RAPHY RAJ, SC, KERALA STATE ELECTRICITY BOARD
LIMITED
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25602 OF 2013
-2-
JUDGMENT
This writ petition is filed by the petitioner seeking the following
reliefs:-
"i) Direct the 1st respondent by issuance of a writ of
mandamus or appropriate writ order or direction to
take steps on the basis of Exhibit P4 report to
demolish unauthorized construction effected by the
5th respondent within a time limit as may be
prescribed by this Hon'ble Court;
ii) Direct the 1st respondent by a writ of Mandamus
or appropriate writ order or direction not to
number the building constructed by the 5 th
respondent is found to be unauthorized as per
Exhibit P4 report;
iii) Direct the 3rd respondent by a writ of mandamus
or appropriate writ order or direction to take steps
upon Exhibit P3 notice to remove the encroachment
effected by the 5th respondent;
and
iv) Such other reliefs this Honorable Court deems fit
and proper to grant in the facts and circumstances
of the case."
WP(C) NO. 25602 OF 2013
2. In fact, the writ petition was admitted to the files of this Court
on 21.10.2013 and it was remaining before this Court without securing
any interim orders.
3. Today when the matter was taken up, learned Counsel for the
petitioner Sri. Santhosh P Poduval submitted that the construction of
the building was completed. Later, the party respondent No.5 namely,
Sri. Binoy, S/o Babu, Kannoli House, Velangodu Lane, Oorakam P.O.,
Thrissur district, has submitted an application before the Secretary of
the Grama Panchayat seeking regularization of the building, and
accordingly, the construction was regularized and the building was
numbered.
4. In that view of the matter, in my considered opinion, nothing
survives to be considered in this writ petition, especially when the
Secretary of the Grama Panchayat had opportunity to identify as to
whether any unauthorized construction was carried out by the 5 th
respondent violative of the provisions of Kerala Panchayat Raj Act,
1994, and the Kerala Panchayat Building Rules, 2011. Therefore, I do
WP(C) NO. 25602 OF 2013
not find any reason to grant any reliefs at this distance of time as are
sought for in the writ petition.
The writ petition fails and accordingly it is dismissed.
Sd/-
SHAJI P.CHALY
JUDGE
uu
29.10.2021
WP(C) NO. 25602 OF 2013
APPENDIX OF WP(C) 25602/2013
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE NOTICE DATED
21/4/2006 ISSUED BY THE IST RESPONDENT
EXHIBIT P2 COPY OF NOTICE DATED 10/5/06
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P3 COPY OF NOTICE DATED 12/5/06
ISSUED BY THE 3RD RESPONDENT
EXHIBIT P4 COPY OF THE REPORT NO.A2
4808/11 DATED 21/3/11
