Gopalakrishnan vs The Karimba Grama Panchayat
2022 Latest Caselaw 11313 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 2ND DAY OF DECEMBER 2022/11TH AGRAHAYANA, 1944
                    WP(C) NO. 33163 OF 2017
PETITIONER:

         GOPALAKRISHNAN
         AGED 45 YEARS
         S/O.PULLAYIL VASUDEVAN,
         "PULLAYIL HOUSE,
         KARIMBA AMSOM DESOM,
         KARIMBA P.O,
         MANNARKAD TALUK,
         PALAKKAD DISTRICT.

         BY ADVS.SRI.JACOB SEBASTIAN
                 SMT.ANU JACOB
                 SRI.K.A.SIYAD
                 SRI.K.V.WINSTON
RESPONDENTS:

    1    THE KARIMBA GRAMA PANCHAYAT
         REPRESENTED BY ITS SECRETARY,
         KARIMBA,
         MANNARKAD TALUK,
         PALAKKAD-678 597.

    2    THE LOCAL LEVEL MONITORING COMMITTEE CONSTITUTED
         UNDER THE KERALA CONSERVATION OF PADDY AND
         WETLAND ACT FOR KARIMBA PANCHAYAT REPRESENTED BY
         ITS CONVENOR,THE AGRICULTURAL OFFICER,
         KARIMBA GRAMA PANCHAYAT,
         PALAKKAD PIN-678 597

    3    THE VILLAGE OFFICER,
         KARIMBA -1 VILLAGE,
         PALAKKAD 678 597.

    4    THE REVENUE DIVISIONAL OFFICER (SUB COLLECTOR)
         OTTAPALAM,
         PALAKKAD PIN-679101.

         R3 AND R4 BY SRI.JOBY JOSEPH, SENIOR GOVERNMENT
         PLEADER
     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD   ON     02.12.2022,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C.) No. 33163/2017               2




                               JUDGMENT

This writ petition is filed by the petitioner seeking the

following reliefs:-

"i) call for the records leading to exhibit P10 and quash it issuing a writ in the nature of certiorari;

ii) declare that the construction of the bridge (subject matter of exhibit P10) is in accordance with exhibit P1 building permit and plan;"

2. The subject issue relates to Ext.P1 building permit

secured by the petitioner dated 25.03.2015 from the Secretary of

the Karimba Grama Panchayat - the first respondent for

construction of ground floor and the first floor having an area of

243.80 M2. The permit shows that the construction should be as

per the Kerala Panchayat Building Rules, 2011 and other relevant

Rules; 2) the permit is valid upto 24.03.2018; and 3) Wet Land

Joint Committee approved Mahassar No.479/2015 dated

06.02.2015.

3. The case projected by the petitioner is that as per the

plan submitted before the Secretary of the Grama Panchayat

which was approved as per Ext.P1(2) and (3), the construction of

a bridge across a water channel was also approved by the Grama

Panchayat. However, while the petitioner was putting up the

bridge, Ext. P10 stop memo was issued directing the petitioner to

stop the construction of the bridge. Ext.P9 is the photograph.

From the photograph, what I could gather is that the bridge is

already constructed. But the case projected by the petitioner is

that since the plan is approved including the construction of

bridge, the Secretary of the Grama Panchayat was not legally

entitled to issue a stop memo. Anyhow, the petitioner has

submitted a representation, but it was not considered by the

Secretary of the Grama Panchayat which persuaded the petitioner

to approach this Court.

4. A detailed counter affidavit is filed by the Revenue

Divisional Officer - the fourth respondent refuting the allegations,

claims and demands raised by the petitioner.

5. When the writ petition was admitted to the files of this

Court on 17.10.2017, an order of status quo as on that date was

directed to be maintained as regards the bridge referred to in

Ext.P10 stop memo.

6. The learned counsel for the petitioner submitted that

when the writ petition was filed, the construction of the bridge

was almost completed and later, the Grama Panchayat has

numbered the building and issued the occupancy certificate also.

The learned counsel for the petitioner also submitted that in fact

the petitioner has not sought permission for construction of a

bridge from the Water Resource Department. However, the

learned counsel submitted that if an opportunity is provided to the

petitioner, necessary application would be submitted and after

securing permission, the same would be produced before the

Secretary of the Grama Panchayat.

7. In that view of the matter, the interim order of status

quo granted on 17.10.2017 is extended for a period of four

months from today. The petitioner is directed to make an

application before the statutory authority for construction of a

bridge across a running water channel. If the petitioner produces

any document before the Secretary of the Grama Panchayat, I

have no reason to think that the Secretary will not withdraw

Ext.P10 stop memo issued by the Secretary.

The writ petition is disposed of accordingly.

Sd/-

SHAJI P. CHALY JUDGE DCS/02.12.2022

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT DATED 25/3/2015 ALONG WITH THE APPROVED PLAN ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE PROCEEDING OF THE WET LAND JOINT COMMITTEE ON 6/2/2015.

EXHIBIT P3 A TRUE COPY OF THE LETTER ISSUED BY THE VILLAGE OFFICER, KARIMBA-1 VILLAGE DATED 15/6/2017 REGARDING THE CANCELLATION EARLIER STOP MEMO.

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 24/7/2017 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 29/6/2017 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER IN RESPONSE TO EXHIBIT P5 DATED 24/7/2017

EXHIBIT P7 A TRUE COPY OF THE NOTICE DATED 11/8/2017 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P8 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER ON 23/8/2017

EXHIBIT P9 A TRUE COPY OF THE PHOTOGRAPHS RELATING TO THE BRIDGE AND THE PETITIONER'S CONSTRUCTION SITE.

EXHIBIT P10 A TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 9/9/2017.

EXHIBIT P11 A TRUE COPY OF THE QUERY SUBMITTED BY THE PETITIONER AND REPLY OBTAINED FROM THE 1ST RESPONDENT.