Kerala High Court
Rajamma Narayanan vs Vadavucode-Puthencruz Grama ... on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021/25TH BHADRA, 1943
WP(C) NO. 11022 OF 2021
PETITIONERS:
1 KARNNAN K.K. @ KANNAN,
S/O. KRISHNAKUNTTY @ KRISHNAN,
AGED 48 YEARS, KURISUMTHADATHIL HOUSE,
(PUTHUSSERIKAVUMTHADATHIL),
KOTTOMCHATHAPPILLI KARA,
PUTHENCURZE VILLAGE,
KUNNATHUNADU TALUK.
2 M.A. VASU, S/O.IYER,
AGED 71 YEARS, SUNIL NIVAS,
MULIKKMALI P.O., PAMPRA KARA,
MANEED VILLAGE, MUVATTUPUZHA TALUK.
BY ADV P.M.JOSHI
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY
SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE VILLAGE OFFICER, PUTHENCRUZ,
PUTHENCRUZ P.O, PIN - 682 308.
3 THE DISTRICT COLLECTOR,
ERNAKULAM, CIVIL STATION,
KAKKANAD - 682 030.
4 THE EXECUTIVE ENGINEER,
NATIONAL HIGH WAY (N.H.-49),
MUVATTUPUZHA DIVISION,
MUVATTUPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 686 661.
5 VADAVUKODE PUTHENCRUZ GRAMA PANCHAYATH,
PUTHENCRUZ P.O., PIN - 682 308,
REPRESENTED BY ITS SECRETARY.
WP(C)No.11022 & 12289 of 2021
2
6 M.N. VINAYAN, S/O. NARAYANAN,
AGED ABOUT 46 YEARS, MOLETH HOUSE,
KOTTOMCHATHAPPILLI KARA,
PUTHENCRUZ VILLAGE,
KUNNATHUNADU TALUK.
7 RAJAMMA NARAYANAN @ MAKKI NARAYANAN,
W/O. NARAANAN, AGED ABOUT 71 YEARS,
MOLETH HOUSE, KOTTOMCHATHAPPILLI KARA,
PUTHENCRUZ VILLAGE, KUNNATHUNADU TALUK.
BY ADVS.
GOVT.PLEADER SRI.VIPIN NARAYANAN
R5 SRI.BABU CHERUKARA
R6-R7 SMT.MINI.V.A.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.09.2021, ALONG WITH WP(C).12289/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.11022 & 12289 of 2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY,THE 16TH DAY OF SEPTEMBER 2021/25TH BHADRA,1943
WP(C) NO. 12289 OF 2021
PETITIONERS:
1 RAJAMMA NARAYANAN, AGED 65 YEARS,
W/O.LATE M.M.NARAYANAN,
MOLATH HOUSE, KOTTAMCHATHAPILLY KARA,
PUTHENCRUZ VILLAGE, PUTHENCURZ P.O.,
ERNAKULAM DISTRICT PIN 682 308.
2 M.N.VINAYAN, AGED 46 YEARS,
S/O.LATE M.M.NARAYANAN,
MOLATH HOUSE, KOTTAMCHATHAPILLY KARA,
PUTHENCRUZ VILLAGE, PUTHENCURZ P.O.,
ERNAKULAM DISTRICT PIN 682 308.
BY ADV MINI.V.A.
RESPONDENTS:
1 VADAVUCODE-PUTHENCRUZ GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
PUTHENCRUZ P.O.,
ERNAKULAM DISTRICT PIN 682 031
2 THE SECRETARY,
VADAVUCODE-PUTHENCRUZ GRAMA PANCHAYAT,
PUTHENCURZ P.O.,
ERNAKULAM DISTRICT PIN 682 308.
3 KARNNAN K.K. @ KANNAN,
S/O.KRISHNANKUTTY, AGED 48 YEARS,
RESIDING AT KURISUMTHADATHIL HOUSE,
(PUTHUSSERIKAVUMTHADATHIL),
WP(C)No.11022 & 12289 of 2021
4
KOTTAMCHATHAPPILLI KARA,
PUTHENCRUZ VILLAGE,
KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN 682 308.
4 M.A.VASU, S/O.IYER,
AGED 71 YEARS, SUNIL NIVAS,
PULIKKMALI P.O., PAMPRA KARA,
MANEED VILLAGE,
MUVATTUPUZHA TALUK, PIN 682 314.
BY ADVS.
R1-R2 SRI. BABU CHERUKARA
R3-R4 P.M.JOSHI
R3-R4 SIJI K.PAUL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.09.2021, ALONG WITH WP(C).11022/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.11022 & 12289 of 2021
5
JUDGMENT
Dated this the 16th day of September, 2021
The issues arising in both the writ petitions relate to
same bunch of facts. In WP(C)No.11022/2021, the
petitioners are residents of the 5th respondent Grama
Panchayat. They have filed the writ petition seeking to
direct respondents 1 to 5 to stop all illegal construction work
of 7th respondent in the Government land of 3.80 Ares in
Survey No.479/6 in Block No. 38 in Puthencruz Village as
that property is a puramboke land abutting to NH-49.
2. WP(C)No.12289/2021 has been filed by the
petitioners, who are a widow and senior citizen, seeking to
quash Exts.P5 and P8 Stop Memos and to direct the 2 nd
respondent to pass orders on the complaint preferred by the
4th respondent considering Exts.P6 and P9 objections filed
WP(C)No.11022 & 12289 of 2021
by the petitioners after affording an opportunity of being
heard.
3. The parties in the writ petitions are referred to as
they are arrayed in WP(C)No.11022/2021. Respondents 6
and 7 (who are petitioners in WP(C)No.12289/2021) are in
possession of 3.80 Ares of land abutting the National
Highway. According to the petitioners, the land is
Government property and it is 'Revenue Tharissu' as is
evidenced by Ext.P2 information. The respondents 6 and 7
had applied for 'patta' which was rejected by the authorities.
The petitioners allege that the respondents 6 and 7
proceeded with illegal construction of a building without
obtaining any permission from the Panchayat, in the said
'Revenue Tharissu' land. Therefore, the petitioners made
complaints and Ext.P5 Stop Memo was issued by the
Panchayat Authorities.
WP(C)No.11022 & 12289 of 2021
4. The Panchayat Authorities failed to enforce
Ext.P5. Respondents 6 and 7 proceeded with the illegal
construction. The petitioners hence filed WP(C)No.
11022/2021. On 07.05.2021, this Court by an interim order
directed that if Ext.P5 Stop Memo is still in force, it will be
stayed for a period of one month. It is discernible from the
pleadings that pursuant to the said order, the Secretary to
the Panchayat sent communication to the Station House
Officer. The Station House Officer informed the Secretary
that the Police is not a party to the writ proceedings and if
Police assistance is sought to enforce the Stop Memo they
are ready to give. Inspite of all these, respondents 6 and 7
proceeded with the illegal construction, contended the
petitioners. Hence they filed C.O.C. No. 852/2021.
5. In WP(C)No.12289/2021 filed by respondents 6
and 7, it has been stated that the Stop Memos issued
against them, are illegal. The Panchayat Authorities have
WP(C)No.11022 & 12289 of 2021
acted on the basis of the complaints made by the
petitioners, without verifying the facts. The petitioners were
not granted an opportunity of hearing as mandated under
Rule 90(2) of the Kerala Panchayat Building Rules, 2019.
For that reason alone Stop Memos are liable to be set
aside.
6. The learned counsel for the respondents 6 and 7
argued that for the maintenance/repair works of a building
no permit is required. Consequently, there is no illegal
construction as alleged by the petitioners. The respondents
6 and 7 are in possession of the land for long years and are
residing there peacefully. The petitioners have filed
complaints only to harass them.
7. The Secretary to the Panchayat filed a counter
affidavit in the case. According to the Secretary to the
Panchayat, as soon as the complaint was filed, the
Panchayat Authorities issued Stop Memo to the
WP(C)No.11022 & 12289 of 2021
respondents 6 and 7. When this Court passed an interim
order dated 07.05.2021, an inspection was also conducted.
Inspite of the Stop Memo issued, the respondents
proceeded with the construction. In such circumstances,
that the Secretary to the Panchayat addressed a letter to the
Station House Officer.
8. The learned Standing Counsel for the Panchayat
submitted that a hearing was convened on 28.07.2021 and
the parties were heard. After assessing the entire facts, the
Panchayat Authorities came to a conclusion that the
construction carried out by the respondents 6 and 7 did not
require a Building Permit. The plinth area of the building
which was 74 sq.m. is not exceeded due to the
reconstruction. Only the roof has been changed.
Dilapidated door frames and windows were replaced. The
Panchayat Authorities also noted that there is alteration in
the structure of rooms. However there is no violation of
WP(C)No.11022 & 12289 of 2021
Building Rules, contended the learned counsel for the
petitioner.
9. I have heard the learned counsel for the
petitioners in both the writ petitions and the learned
Standing Counsel representing the Panchayat.
10. Ext.R3(3) photographs produced in WP(C)No.
12289/2021 would indicate that new pillar has been erected
for the building construction. Yet another photograph would
reveal that apart from the main residential building, a
building in the nature of an outhouse has also been
constructed. The learned counsel for respondents 6 and 7
stated that it was an old 'virakupura' and only an existing
'virakupura' has been renovated, which does not require
prior permission of the Panchayat. However the
photographs would show that the structure is a new one and
double storied.
WP(C)No.11022 & 12289 of 2021
11. The proceedings No.A3/2429/21 dated
29.07.2021 would show that the structure of the rooms in
respect of the main building are altered. Prima facie,
material alterations are made. The Panchayat Authorities
are still taking a stand that there is no building rule violation.
The facts revealed from the pleadings and the stand taken
by the Panchayat authorities are contradictory.
12. In such circumstances, this Court is of the opinion
that the District Collector (3rd respondent in WP(C)No.
11022/2021) shall cause a thorough inspection of the
construction carried out to ascertain whether unauthorised
constructions without Building Permit are made by the
respondents 6 and 7. If after enquiry, the District Collector is
of the view that any further action, punitive or otherwise, is
to be taken, the District Collector shall make appropriate
recommendations to the competent authorities in
accordance with law. The enquiry in this regard shall be
WP(C)No.11022 & 12289 of 2021
completed by the District Collector within a period of two
months. The Stop Memos issued in WP(C)No.12289/2021
will be subject to the decision that will be taken by the
District Collector in the matter.
Sd/-
N. NAGARESH
JUDGE
ncd/16.09.2021
WP(C)No.11022 & 12289 of 2021
APPENDIX OF WP(C) 11022/2021
PETITIONERS' EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE REPLY DATED
4.12.2018 RECEIVED BY THE 1ST PETITIONER
FROM 2ND RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE REPLY DATED
22.06.2020 RECEIVED BY 1ST PETITIONER
FROM 2ND RESPONDENT.
EXHIBIT P3 THE COPY OF THE COMPLAINT DATED
22.03.2021 OF 2ND PETITIONER TO 2ND
RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT DATED
22.03.2021 TO THE SECRETARY OF 5TH
RESPONDENT GRAMA PANCHAYAT.
EXHIBIT P5 THE TRUE COPY OF THE STOP MEMO DATED
26.4.2021 OF THE SECRETARY OF 5TH
RESPONDENT TO 7TH RESPONDENT.
EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT DATED
17.04.2021 SUBMITTED TO THE 4TH
RESPONDENT.
RESPONDENTS' EXHIBITS
EXHIBIT R7(a) TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY TAHSILDAR, KUNNATHUNADU DATED
29.08.2019.
EXHIBIT R7(b) THE TRUE COPY OF THE RELEVANT PAGE OF
THE SERVICE CONNECTION REGISTER OF THE
VYTTILA OFFICE OF THE KSEB WITH THE NAME
AND ADDRESS OF FATHER-IN-LAW OF THE 7TH
RESPONDENT AS CONSUMER.
EXHIBIT R7(c) TRUE COPY OF THE BUILDING TAX RECEIPT
NO.11 DATED 21.03.2019 ISSUED BY THE 5TH
RESPONDENT
EXHIBIT R7(d) THE RELEVANT PAGE OF THE VOTERS' LIST OF
THE KUNNATHUNADU LEGISLATIVE ASSEMBLY
CONSTITUTENCY
EXHIBIT R7(e) THE TRUE COPY OF THE OBJECTION DATED
17.05.2021 SUBMITTED BEFORE THE 5TH
RESPONDENT
WP(C)No.11022 & 12289 of 2021
EXHIBIT R7(f) THE TRUE COPYO F THE OBJECTION DATED
26.04.2021 FILED BEFORE THE 5TH
RESPONDENT
EXHIBIT R7(g) THE TRUE COPY OF THE MASS PETITION DATED
03.05.2016 SUBMITTED BEFORE THE DISTRICT
COLLECTOR, ERNAKULAM AGAINST THE ILLEGAL
BUSINESS OF EXPLOSIVES OF THE FIRST
PETITIONER AND HIS BROTHER.
EXHIBIT R7(h) THE TRUE COPY OF FIR NO.695/2017 OF
PUTHENCRUZ POLICE STATION DATED
13.04.2017.
EXHIBIT R7(i) THE TRUE COPY OF FIR NO.696/2017 OF
PUTHENCRUZ POLICE STATION DATED
13.04.2017.
EXHIBIT R7(j) THE TRUE COPY OF FIR NO.697/2017 OF
PUTHENCRUZ POLICE STATION DATED
13.04.2017.
EXHIBIT R7(k) THE TRUE COPY OF THE FIR NO.318/2021
DATED 13.04.2021.
WP(C)No.11022 & 12289 of 2021
APPENDIX OF WP(C) 12289/2021
PETITIONERS' EXHIBITS
Exhibit P1 THE POSSESSION CERTIFICATE DATED
29.8.2019 OF THE PETITIONERS' PROPERTY
COMPRISED IN SY.NO.479/6 OF PUTHENCRUZ
VILLAGE ISSUED BY TAHSILDAR,
KUNNATHUNADU
Exhibit P2 THE TRUE COPY OF THE RELEVAT PAGE OF
THE SERVICE CONNECTION REGISTER OF THE
VYTTILA OFFICE OF THE KSEB WITH THE
NAME AND ADDRESS OF THE FIRST
PETITIONER'S FATHER -IN-LAW AS CONSUMER
Exhibit P3 TRUE COPY OF THE BUILDING TAX RECEIPT
NO.11 DATED 21.3.2019 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P4 THE RELEVANT PAGE OF THE VOTERS' LIST
OF THE YEAR 1970 OF KUNNATHUNADU
LEGISLATIVE ASSEMBLY CONSTITUENCY WITH
THE NAME OF THE 1ST PETITIONER'S
HUSBAND, FATHER-IN-LAW ETC.
Exhibit P5 THE TRUE COPY OF THE STOP MEMO DATED
26.4.2021 ISSUED BY THE 2ND RESPONDENT
Exhibit P6 THE TRUE COPY OF THE OBJECTION DATED
17.5.2021 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P7 THE TRUE COPY OF THE INTERIM ORDER
DATED 7.5.2021 IN W.P.(C) NO.11022/2021
OF THIS HONOURABLE COURT
Exhibit P8 TRUE COPY OF THE MEMO NO.A3-2429/2021
DATED 24.5.2021 ISSUED BY THE 2ND
RESPONDENT
Exhibit P9 THE TRUE COPY OF THE OBJECTION DATED
26.5.2021 FILED BY THE PETITIONERS
BEFORE THE 2ND RESPONDENT
Exhibit P10 THE TRUE COPY OF THE MASS PETITION
DATED 3.5.2016 SUBMITTED BEFORE THE
DISTRICT COLLECTOR, ERNAKULAM.
Exhibit P11 THE TRUE COPY OF FIR NO.695/2017, DATED
WP(C)No.11022 & 12289 of 2021
13.4.2017 REGISTERED BY THE PUTHENCRUZ
POLICE AGAINST THE 3RD RESPONDENT AND
HIS BROTHERS
Exhibit P12 THE TRUE COPY OF FIR NO.696/2017, DATED
13.4.2017 REGISTERED BY THE PUTHENCRUZ
POLICE AGAINST THE 3RD RESPONDENT AND
HIS BROTHERS.
Exhibit P13 THE TRUE COPY OF FIR NO.697/2017, DATED
13.4.2017 REGISTERED BY THE PUTHENCRUZ
POLICE AGAINST THE 3RD RESPONDENT AND
HIS BROTHERS.
Exhibit P14 THE TRUE COPY OF THE FIR NO.318/2021
DATED 13.4.2021 REGISTERED BY THE
PUTHENCRUZ POLICE AGAINST THE 3RD
RESPONDENT
EXHIBIT P15 TRUE COPY OF THE ORDER NO.A3/2329/2021
DATED 29.07.2021 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT R3(1) THE TRUE COPY OF THE CERTIFICATE DATED
30.06.2012 ISSUED BY VADAVUCODE
PUTHENCRUZ GRAMA PANCHAYAT
EXHIBIT R3(2) THE TRUE COPY OF THE CERTIFICATE DATED
13.02.2021 ISSUED BY TAHSILDAR,
KUNNATHUNAD
EXHIBIT R3(3) THE TRUE PHOTOGRAPHS SHOWING THE NATURE
OF CONSTRUCTION
EXHIBIT R3(3a) THE TRUE PHOTOGRAPH CONSTRUCTED BEHIND
THE NEWLY CONSTRUCTED HOUSE
EXHIBIT R3(3b) TRUE PHOTOGRAPH SHOWING THE NATURE OF
SITE-OUT FLOORING.
