Kurian Vallamattam vs The Cheranallor Grama Panchayath
2022 Latest Caselaw 200 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                            W.P.(C) NO.30339 OF 2021
PETITIONER:

              KURIAN VALLAMATTAM,
              AGED 68 YEARS, S/O. JOSEPH VALLAMATTAM,
              RESIDING AT 68/353 A, VALLAMATTAM HOUSE,
              OLD RAILWAY STATION CROSS ROAD, COCHIN,
              CHAIRMAN,
              ERNAKULAM ROTARY FOUNDATION CHARITABLE TRUST,
              17/447, CHERANALLOOR, ERNAKULAM-682 034.

              BY ADVS.
              C.S.MANILAL
              S.NIDHEESH


RESPONDENTS:

     1        THE CHERANALLOR GRAMA PANCHAYATH
              REPRESENTED BY THE SECRETARY,
              CHERANALLOOR, ERNAKULAM-682 027.

     2        THE SECRETARY,
              CHERANALLOOR GRAMA PANCHAYATH,
              CHERANALLOOR, ERNAKULAM-682 027.

  R1 & R2     BY ADV.T.K.AJITHKUMAR (VALATH)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) NO.30339 OF 2021
                                 -2-

                             JUDGMENT

This writ petition is filed challenging Ext.P17 communication

and Ext.P18 resolution taken by the Panchayat and seeking

consideration of the application submitted by the petitioner for

change of occupancy, in accordance with law.

2. The learned counsel for the petitioner submits that the

1st respondent has absolutely no jurisdiction to take a resolution,

as evident from Ext.P18 and that it is for the 2 nd respondent to take

an appropriate decision on the request made by the petitioner for

change of occupancy, in accordance with law.

3. The learned Standing Counsel appearing for the

respondents submits that by Ext.P13, the petitioner had been

informed that there are certain discrepancies in the plan submitted

by the petitioner and the measurement which supported the same.

It is submitted that if the said defects are rectified by the

petitioner, then the application will be considered by the 2 nd

respondent.

4. The learned counsel for the petitioner submits that

Ext.P16 would show that a revised plan was submitted by the

petitioner on 02.12.2021 and that the same is directed to be W.P.(C) NO.30339 OF 2021

considered by the 2nd respondent, without referring to Ext.P18.

5. Having considered the contentions raised on either side,

I am of the opinion that the 2nd respondent has to take an

appropriate decision on the application submitted by the petitioner

for change of occupancy, in accordance with law.

Accordingly, there will be a direction to the 2nd respondent to

take up the application submitted by the petitioner and the revised

plan, if any, submitted by him and to consider and pass orders

strictly in accordance with the provisions of the Panchayat Raj Act

and the Rules made thereunder, within a period of three weeks

from the date of receipt of a copy of this judgment. Ext.P18 shall

not stand in the way of the consideration of the application by the

2nd respondent, as directed above.

Sd/-

ANU SIVARAMAN JUDGE bpr W.P.(C) NO.30339 OF 2021

APPENDIX

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TRUST DEED DATED 21.03.2005.

EXHIBIT P2 TRUE COPY OF THE GIFT DEED DATED 04.11.2009.

EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 1ST RESPONDENT DATED 16.06.2011.

EXHIBIT P4 TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 27.04.2017.

EXHIBIT P5 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 11.08.2021.

EXHIBIT P6 TRUE COPY OF THE LOCATION SKETCH.

EXHIBIT P7 TRUE COPY OF THE LAND TAX RECEIPT DATED 08.07.2021.

EXHIBIT P8 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 16.07.2021.

EXHIBIT P9 TRUE COPY OF THE RESOLUTION OF THE ERNAKULAM ROTARY FOUNDATION DATED 26.06.2020.

EXHIBIT P10 TRUE COPY OF THE LETTER TO THE 2ND RESPONDENT DATED 17.09.2020.

EXHIBIT P11 TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 01.12.2020.

EXHIBIT P12 TRUE COPY OF THE LETTER ISSUED TO THE 2ND RESPONDENT DATED 08.12.2020.

EXHIBIT P13 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 24.09.2021.

W.P.(C) NO.30339 OF 2021

EXHIBIT P14 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 19.10.2021.

EXHIBIT P15 TRUE COPY OF THE LETTER ISSUED TO THE 2ND RESPONDENT DATED 21.10.2021.

EXHIBIT P16 TRUE COPY OF THE E-FILED APPLICATION ALONG WITH RECEIPT DATED 02.12.2021.

EXHIBIT P17 TRUE COPY OF THE NOITCE ISSUED BY THE 2ND RESPONDENT DATED 08.12.2021.

EXHIBIT P18 TRUE COPY OF THE DECISION OF THE PANCHAYATH COMMITTEE DATED 22.10.2021.