Poulose.P.A vs The Secratary
2022 Latest Caselaw 9636 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                    WP(C) NO. 27411 OF 2022
PETITIONERS:

    1       POULOSE.P.A
            AGED 71 YEARS
            S/O.ANTONY, PARAPPURAM HOUSE, AYATHUPADY ,
            KOOVAPPADY, ERNAKULAM DISTRICT.
    2       ANOOP
            AGED 35 YEARS, S/O.PAULOSE PARAPPURAM HOUSE,
            AYATHUPADY , KOOVAPPADY, ERNAKULAM DISTRICT.

            BY ADVS.
            C.A.NAVAS
            T.K.SASIKUMAR


RESPONDENTS:

    1       THE SECRATARY
            THE KOOVAPPADY GRAMA PANCHAYATH,
            KOOVAPPADY GRAMA PANCHAYATH OFFICE, KOOVAPPADY,
            ERNAKULAM DISTRICT, PIN - 683544
    2       SIJAN
            S/O CHAKKAPPAN, PALLIKKARAKKARAN HOUSE,
            KOOVAPPADY.P.O, ERNAKULAM DISTRIC, PIN - 683544

            SRI.R.RANJITH (SC)-R1
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   25.08.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.27411 OF 2022

                              2




                            JUDGMENT

Dated this the 25th day of August, 2022

The petitioners, who are constructing a building in the

Koovappady Grama Panchayat, are before this Court seeking

to set aside Exts.P4 and P6 notices and to declare that the

petitioners are eligible to continue the construction of

residential building in accordance with Ext.P3 Building Plan

and any coercive action pursuant to Exts.P4 and P6 will

deprive the right of the petitioners.

2. The petitioners state that the petitioners submitted

application for Building Permit. The Building Permit was given

in the year 2017. The petitioners started construction in

accordance with the Building Permit. The petitioners could

not complete the building construction within the period

permitted in the Building Permit.

WP(C) NO.27411 OF 2022

3. Now, the 1st respondent-Grama Panchayat has

issued Exts.P4 and P6 notices alleging that the petitioners'

construction of septic tank is in violation of the Kerala

Panchayat Building Rules, 2019 and requiring the petitioners

to stop the construction immediately. The petitioners state that

they have made construction as per Ext.P3 Building Plan,

which is liable to be regularised. The petitioners have

submitted Ext.P9 representation for regularisation.

4. Standing Counsel entered appearance on behalf of

the 1st respondent and resisted the writ petition. The Standing

Counsel submitted that the Building Permit issued to the

petitioners stands already expired. The petitioners have

constructed the septic tank not as per the original Building

Permit. Complaints were received by the 1 st respondent-

Grama Panchayat from the 2nd respondent and other parties.

It is in such circumstances that Exts.P4 and P6 were issued to

the petitioners. The Standing Counsel submitted that if the WP(C) NO.27411 OF 2022

petitioners have submitted Ext.P9 representation for

regularisation, the same can be considered in accordance

with law after hearing the affected parties also.

5. I have heard the learned counsel for the petitioners

and the learned Standing Counsel representing the

1st respondent-Grama Panchayat. Notice to the 2 nd

respondent is dispensed with in view of the nature of relief

being granted in the writ petition.

6. In view of the facts as stated above, this Court is of

the view that the writ petition can be disposed of directing the

1st respondent-Secretary to Grama Panchayat to consider

Ext.P9 representation for regularisation submitted by the

petitioners in accordance with law.

The writ petition is therefore disposed of directing the

1st respondent-Secretary to Grama Panchayat to consider

Ext.P9 representation for regularisation of building

construction submitted by the petitioners, after hearing the WP(C) NO.27411 OF 2022

petitioners, the 2nd respondent and any other affected parties.

A decision in this regard shall be taken within a period of one

month.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO.27411 OF 2022

APPENDIX OF WP(C) 27411/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE NO.2056 DATED 09.06.2014 Exhibit P2 TRUE COPY OF THE APPROVED BUILDING PLAN DATED 02.06.2014 SUBMITTED BEFORE THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE BUILDING PLAN DATED NIL Exhibit P4 TRUE COPY OF THE NOTICE NO.400604/PSAN04/GPO/2022/1183/(1) DATED 30.07.2022 ISSUED BY THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE REPLY DATED 08.08.2022 FILED BY THE 2ND PETITIONER Exhibit P6 TRUE COPY OF THE NOTICE NO.1183/190 R /22 DATED 08.08.2022 ISSUED BY THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE REPLY DATED 08.08.2022 FILED BY THE 1ST PETITIONER Exhibit P8 TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT CONSTRUCTION ACTIVITY Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 11.08.2022 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

RESPONDENT'S/S EXHIBITS : NIL