Kannan N.K vs Vandazhy Grama Panchayath
2022 Latest Caselaw 9582 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                    WP(C) NO. 27225 OF 2022
PETITIONER/S:

            KANNAN N.K., AGED 52 YEARS
            S/O. KRISHNAN, KUNNATH HOUSE,
            NELLIKKODE, VANDAZHY P.O.
            PALAKKAD, PIN - 678706
            BY ADVS.
            C.G.PREETHA
            N.G.ANITHA
            DR.ABHILASH O.U.


RESPONDENT/S:

            VANDAZHY GRAMA PANCHAYATH
            REPRESENTED BY THE SECRETARY
            MUDAPPALLUR P.O.
            PALAKKAD, PIN - 678705
OTHER PRESENT:

            SRI.K.S.ARUNKUMAR, SC


     THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   25.08.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 27225 of 2022



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 27225 of 2022
                       =============================================================

                  Dated this the 25th day of August, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"I. issue a writ in the nature of mandamus or any other writ, order or direction to the respondent to finalize the proceedings on Exhibit P4 within an outer time limit to be fixed by this Hon'ble court.

II. issue a writ in the nature of mandamus to call for the records leading to the issuance of Exhibit P6 and quash the same as illegal.

III. issue a writ in the nature of mandamus or any other writ, order or direction to the respondent to finalize the proceedings on Exhibit P5 within an outer time limit to be fixed by this Hon'ble court.

IV. dispense with filing of the translation of vernacular documents.

V. Issue such other relief that the court may grant in the interest of justice." (sic)

2. The petitioner owns a commercial building in

Vandazhi Grama panchayath in Palakkad District. In the year

W.P.(C). No. 27225 of 2022

2014, an area of 103.29 square meter in the ground floor

consisting four rooms was constructed after approval from the

Grama Panchayath. In 2021-22, the petitioner constructed a first

floor measuring an extent of 88.25 square meter over the

existing building. The respondent allotted a number for the

building. However, soon after, the panchayath issued a

provisional order cancelling the number allotted to the building

and issued notice to show cause for not permanently cancelling

the same. According to the Panchayat the petitioner constructed

area more than the approved one and has not provided sufficient

parking space. It is submitted that before numbering the

building the site inspection was conducted by the technical

wing of the Panchayat and it is after being satisfied on report by

the technical wing that the construction is in compliance with

the Kerala Panchayat Building Rules, building number was

allotted for the construction. The petitioner thereafter submitted

W.P.(C). No. 27225 of 2022

Exhibit P4 application requesting for reallottment of the

building number. The said application is pending consideration.

Likewise Exhibit P5 application submitted by the petitioner for

issuance of license to run the bookstall in the shop room

situated in the ground floor is also put on hold on the alleged

ground of unauthorized construction over the 1 st floor of the

building. Thus aggrieved by the delay in finalizing the

proceedings pursuant to Exts.P4 and P5 application, the

petitioner filed this writ petition.

3. Heard the counsel for the petitioner and the Standing

Counsel appearing for the respondent.

4. The main prayer in the writ petition is for issuing

appropriate direction to the Panchayat to finalise the

proceedings on Ext.P4 within an outer limit. When the matter

came up for consideration, the counsel for the respondent

W.P.(C). No. 27225 of 2022

submitted that the proceedings will be finalised as expeditiously

as possible. In the light of the same, this writ petition can be

disposed of in the following manner:

There will be a direction to the respondent to finalise the proceedings on Exts.P4 and P5, as expeditiously as possible, at any rate, within ten days from the date of receipt of a copy of this judgment.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 27225 of 2022

APPENDIX OF WP(C) 27225/2022

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE LEASE DEED BEARING NO 1581/1/2022 OF NENMARA SUB REGISTRY ENTERED BETWEEN THE PETITIONER AND THE ASSISTANT GENERAL MANAGER OF SREE GOKULAM CHITS DATED 13.06.2022 EXHIBIT P2 THE TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF REGULARIZATION FEE DATED 03.06.2022 EXHIBIT P3 THE TRUE COPY OF THE ORDER BEARING NO A2-22/2022 ISSUED BY THE RESPONDENT DATED 02.07.2022 EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED NIL EXHIBIT P5 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 20.6.2022 EXHIBIT P6 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 03.08.2022 EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER'S WIFE BEFORE THE CHIEF MINISTER DATED 27.07.2022 EXHIBIT P8 THE TRUE COPY OF THE LETTER ISSUED BY THE RESPONDENT TO THE PETITIONER'S WIFE DATED 01.08.2022