Sasi Narayanan vs The State Of Kerala
2022 Latest Caselaw 9744 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944

                         WP(C) NO. 3446 OF 2015

PETITIONER/S:

           SASI NARAYANAN
           PERUMADATHIL, PALLIKKARA, VAZHIMELADI, CALICUT.
           BY ADV SMT.BIMALA BABY


RESPONDENT/S:

     1     THE STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF
           GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT
           THIRUVANANTHAPURAM - 695 001.
     2     PAYYOLI GRAMA PANCHAYATH
           PAYYOLI, REPRESENTED BY ITS SECRETARY 673 572.
     3     ASSAINAR, S/O.MAMMED
           CHETTIAN VEETTIL HOUSE, MELODY AMSOM, DESOM,
           PAYYOLI 673 522.
     4     SUNEER, S/O.C.V.MOIDEEN,
           CHETTIAN VEETTIL HOUSE, MELODY AMSOM, DESOM,
           PAYYOLI 673 522.
     5     THE VILLAGE OFFICER
           PAYYOLI, KOZHIKODE DISTRICT, PIN 673 522.
     6     ADDL.R6 IMPLEADED:

           PAYYOLI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PAYYOLI.

           (ADDL.R6 IMPLEADED AS PER ORDER DATED 26.08.2022 IN W.P.(C)
           NO. 3446/2015)
           BY ADVS.
           R4 BY SRI.U.K.DEVIDAS
           SRI.K.RAKESH ROSHAN
           SMT.THUSHARA.V
           SRI.C.VATHSALAN



           R1 - SRI.JOBY JOSEPH, SENIOR GOVERNMENT PLEADER

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.08.2022,

     THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 3446/2015                               :2:




                                 SHAJI P. CHALY, J.
                  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
                          W.P.(C). No. 3446 of 2015
             ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
                   Dated this the 26th day of August, 2022.

                                 JUDGMENT

The petitioner has filed this writ petition seeking a direction to

the 2nd respondent to prohibit the unauthorised construction being

carried out by respondents 3 and 4 in the land in Survey No. 72/8B of

Payyoli Village and covered by Ext. P1.

2. The subject issue relates to a complaint made by the

petitioner against the construction carried out by the 4 th respondent

namely Suneer, without securing permit from the Payyoli Grama

Panchayat.

3. The writ petition was pending before this Court from the

year 2015 onwards without securing any interim orders. The learned

counsel appearing for the 4th respondent Sri. U. K. Devidas submitted

that the Panchayat has issued a stop memo against the 4 th respondent

and challenging the same, he approached the Tribunal, which

directed the Secretary of the Grama Panchayat to regularise the

construction carried out by the 4th respondent.

4. In that view of the matter, this writ petition is closed,

recording the submission made by the learned counsel for the 4 th

respondent.

However, I make it clear that if any challenge is pending before

this Court against the order of the Tribunal, the disposal of this writ

petition would not stand in the way of the petitioner to take up his

contentions in the said writ petition.

sd/­ SHAJI P. CHALY, JUDGE.

Rv