Kerala High Court
Muhammed Suhail M vs Ongallur Grama Panchayat on 16 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
WP(C) NO. 2595 OF 2022
PETITIONER:
MUHAMMED SUHAIL M.
AGED 33 YEARS
S/O.HAMSA, MANJALUNGAL HOUSE,
KALLADIPATTA P.O.,
PALAKKAD DISTRICT - 679 313
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
HAMSA M., S/O.HYDROSE,
AGED 65 YEARS, MANJALUNGAL HOUSE,
KALLADIPATTA P.O.,
PALAKKAD DISTRICT - 679 313.
BY ADV BINOY VASUDEVAN
RESPONDENTS:
1 ONGALLUR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
PANCHAYAT OFFICE,
ONGALLUR P.O.,
PATTAMBI,
PALAKKAD DISTRICT - 679 313.
2 THE SECRETARY
ONGALLUR GRAMA PANCHAYAT,
PANCHAYAT OFFICE,
ONGALLUR P.O.,
PATTAMBI,
PALAKKAD DISTRICT - 679 313.
3 THE TAHSILDAR (LAND RECORDS)
TALUK OFFICE, PATTAMBI,
PALAKKAD DISTRICT - 679 303.
WP(C) NO. 2595 OF 2022
2
4 THE VILLAGE OFFICER
ONGALLUR-I VILLAGE,
ONGALLUR P.O.,
PATTAMBI,
PALAKKAD DISTRICT - 679 313.
BY ADVS.
SRI.R.SREEHARI
SRI.K.R.SANTHOSH KUMAR
SRI. B.S SYAMANTHAK, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2595 OF 2022
3
T.R. RAVI, J.
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W. P. (C). No. 2595 of 2022
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Dated this the 16th day of February, 2022
JUDGMENT
The writ petition has been filed by the petitioner being
aggrieved by Ext.P5 order which has been issued in the course of
consideration of an application for regularization submitted by the
petitioner wherein it has been stated that since the time limit for
regularization of unauthorized construction was over on 31.12.2020,
the application for regularization can be considered only after the
issuance of further orders either extending the term or permitting
such regularization. The learned counsel for the petitioner pointed
out that even as per Ext.P5, it can be seen that the petitioner's
applications have been filed in 2019 much before the last date for
filing of the application for regularization and the date of
consideration or passing orders is not the relevant date as far as the
maintainability is concerned.
2. The learned counsel appearing for respondents 1 & 2 fairly
WP(C) NO. 2595 OF 2022
submitted that the last sentence in Ext.P5 regarding the time limit is
apparently wrong since the legal position is that the time limit applies
only for the purpose of submission of the application and is not the
time limit for consideration and passing of orders.
In the above circumstances, the writ petition is allowed. Ext.P5
is set aside. The respondents 1 & 2 are directed to reconsider the
application for regularization submitted by the petitioner in the light
of Ext.P4 order issued by the 3rd respondent. Necessary orders shall
be issued within one month from the date of receipt of a copy of this
judgment.
Sd/-
T.R.RAVI
JUDGE
Pn
WP(C) NO. 2595 OF 2022
APPENDIX OF WP(C) 2595/2022
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF DOCUMENT NO.1736/2017 OF
S.R.O. PATTAMBI DATED 01/08/2017.
Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED
01/06/2020 ISSUED BY THE 4TH RESPONDENT.
Exhibit P3 TRUE COPY OF TAX RECEIPTS FOR THE YEAR
2018-2019 AND 2019-2020.
Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO.H4-6988/19
DATED 26/11/2020 OF THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE COMMUNICATION
NO.A4.4296/19 DATED 4/03/2021 ISSUED BY THE
2ND RESPONDENT.
