M.K.Vijayakumar vs State Of Kerala
2022 Latest Caselaw 1328 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
                        WP(C) NO. 473 OF 2022
PETITIONER:

          M.K.VIJAYAKUMAR, AGED 67 YEARS,
          S/O. M.K.KRISHNAN NAIR, THALAPPILLIL HOUSE, PANAMATTOM,
          SANTHANPARA P.O, IDUKKI DISTRICT, 685 619.

          BY ADVS.RAJU K.MATHEWS
          CYRIL C. GEORGE


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY
          TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,
          TRIVANDRUM, PIN: 695 001.

    2     THASILDAR, TALUK OFFICE, UDUMBANCHOLA, NEDUMKANDAM P.O,
          IDUKKI DISTRICT, 685 619.

    3     THE VILLAGE OFFICER, VILLAGE OFFICE, SANTHANPARA P.O,
          685 619, UDUMBANCHOLA TALUK, IDUKKI DISTRICT.

    4     ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD
          LTD., ELECTRICAL SECTION OFFICE, RAJAKUMARI P.O,
          685 619.

    5     THE SANTHANPARA GRAMA PANCHAYAT, REPRESENTED BY ITS
          SECRETARY, PANCHAYATH OFFICE, SANTHANPARA P.O, 685 619,
          IDUKKI DISTRICT.

          BY ADVS.JOSWIN THAMBI KUNNATH
          JOICE GEORGE
          SMT.K.AMMINIKUTTY - SR.GP,
          SRI. B.PREMOD - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 473 OF 2022
                                  -2-

                             JUDGMENT

The petitioner says that he is conducting

maintenance and repairs of an old dilapidated

existing structure in his property, for which, no

specific permission is required from the 5th

respondent - Grama Panchayat; but that, while so,

Ext.P4 Stop Memo was issued by the 3 rd respondent -

Village Officer, followed by Ext.P5 communication

of the Grama Panchayat.

2. Sri.Raju K.Mathews - learned counsel for

the petitioner, argued that Ext.P4 is egregiously

improper since no unauthorized constructions are

being carried on by his client; and that Ext.P5

has been issued by the Panchayat based on an

unsubstantiated and uncorroborated complaint. He

submitted that, it is based on this, that the

Kerala State Electricity Board (KSEB) has now

issued Ext.P7 letter against his client and thus WP(C) NO. 473 OF 2022

contended that all these orders are illegal and

thus liable to be set aside.

3. Interestingly, Sri.Joice George - learned

Standing Counsel for the 5th respondent - Grama

Panchayat, submitted that, on an enquiry, his

client has now found that there are no

unauthorized constructions being carried on by the

petitioner and that there are no violations as of

now. He submitted that, however, liberty may be

reserved to his client to inspect the property, as

and when it is required, to verify whether there

are any violations in future; and if so, to take

necessary action, as per law, at the relevant

time.

4. Smt.K.Amminikutty - learned Senior

Government Pleader, submitted that Ext.P4 Stop

Memo has been issued by the Village Officer only

because he was informed by the competent

Authorities that there was an unauthorized WP(C) NO. 473 OF 2022

construction being carried on by the petitioner,

without obtaining a No objection Certificate (NOC)

from the Revenue Authorities. She submitted that

since the property in question is in Santhanpara

Village and NOC from the Revenue is required for

making any new construction, same cannot be found

to be illegal. She, therefore, prayed that this

writ petition be dismissed.

5. When I evaluate the afore submissions, it

is without doubt that the Village Officer has

proceeded on the basis that the petitioner is

making an unauthorized construction. However, the

5th respondent - Grama Panchayat, now speaks to the

contrary, though they say that they had received a

complaint earlier, which led to Ext.P5 being

issued. Obviously, it is because of these

proceedings that Ext.P7 has been issued by the

KSEB and is only a corollary action.

6. As seen above, since the Panchayat now WP(C) NO. 473 OF 2022

says that no unauthorized construction is being

carried on by the petitioner, I do not see any

relevance for either Ext.P4 or Ext.P7.

In the afore circumstances, leaving full

liberty to the 5th respondent - Grama Panchayat, as

also to the 3rd respondent - Village Officer, to

verify whether any unauthorized construction is

being carried on by the petitioner in future, I

order this writ petition and set aside Exts.P4, P5

and P7.

Needless to say, if, in future, any of the

competent Authority is to find that the petitioner

is acting in violation of law, necessary action

can and shall be taken, subject to necessary

opportunity being given to him, notwithstanding

this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 473 OF 2022

APPENDIX OF WP(C) 473/2022

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE TAX RECEIPT DATED 24.02.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 30.12.2021, IN RESPECT OF DOOR NO. 3/5 OF SANTHANPARA GRAMA PANCHAYATH.

EXHIBIT P2(A) A TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 30.12.2021, IN RESPECT OF DOOR NO. 4/5 OF SANTHANPARA GRAMA PANCHAYATH.

EXHIBIT P2(B) A TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 30.12.2021, IN RESPECT OF DOOR NO. 5/5 OF SANTHANPARA GRAMA PANCHAYATH.

EXHIBIT P2(C) A TRUE COPY OF THE BUILDING AGE CERTIFICATE DATED 30.12.2021, IN RESPECT OF DOOR NO. 6/5 OF SANTHANPARA GRAMA PANCHAYATH.

EXHIBIT P3 A TRUE COPY OF THE REPLY 31.12.2021 UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P4 A TRUE COPY OF THE STOP MEMO NO.

12/2021 DATED 22.10.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4(A) A TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE LETTER NO. B3-

2107/2021 DATED 25.10.2021 OF THE 5TH WP(C) NO. 473 OF 2022

RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE LETTER NO.

DB.08/AE/ES/RJKY/2021-22/490 DATED 28.12.2021 OF THE 4TH RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE