Cfi Charitable Trust vs State Of Kerala
2022 Latest Caselaw 222 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
                          WP(C) NO. 745 OF 2022
PETITIONER:

              CFI CHARITABLE TRUST
              J-4/46.KIRKI EXTENSION, MALVIYA NAGAR,
              NEW DELHI-110017, REPRESENTED BY THE TRUSTEE C S JOSEPH,
              RESIDING AT CHALLACKAL HOUSE, KEEKOZHUR POST,
              CHERUKOLE PANCHAYATH (WARD NO.7),
              PATHANAMTHITTA-689672
              BY ADVS.
              SAIBY JOSE KIDANGOOR
              BENNY ANTONY PAREL
              P.M.MOHAMMED SALIH
              ANOOP SEBASTIAN
              PRAMITHA AUGUSTINE
              IRINE MATHEW
              ADITHYA KIRAN V.E
              ANJALI NAIR
RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
              DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT,
              THIRUVANANTHAPURAM-695001
     2        POYYA GRAMA PANCHAYAT,
              REPRESENTED BY SECRETARY, POYYA GRAMA PANCHAYATH,
              P.O PUPPATHI, THRISSUR-680733
     3        THE SECRETARY,
              POYYA GRAMA PANCHAYATH,
              P.O PUPPATHI, THRISSUR-680733
              SMT.PRINCY XAVIER, SR. GP
              SRI.SHAJU PURUSHOTHAMAN, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 745 OF 2022

                                          2




                                  JUDGMENT

Dated this the 11th day of January, 2022 This writ petition is filed seeking the following prayers:

"(i) Issue a writ of certiorari or appropriate writ or direction to call for the records leading up to Exhibit P10 and P14 and set aside the same.

(ii) Issue a writ of mandamus or appropriate direction directing the respondent Panchayath to consider and pass appropriate orders in pursuant to Exhibit P15 reply sent by the petitioner."

2. Heard the learned counsel for the petitioner.

3. The learned counsel for the petitioner submits that as against

Ext.P10 stop memo issued without any justification at all, the petitioner

has preferred detailed representations before the respondents. Ext.P15 is

an explanation submitted by the petitioner before the Panchayat.

4. It is submitted by the learned counsel for the petitioner that Ext.P9

building permit had been issued to the petitioner after conducting all due

inspections and that the plan included boundary/compound walls as well.

However, it is stated that Ext.P10 stop memo had been issued by the

Panchayat without even conducting a site inspection on absolutely WP(C) NO. 745 OF 2022

unjustifiable reasons. Thereafter, Ext.P14 letter had also been issued on

28.12.2021 stating that the construction of the compound wall was in

violation of the key plan approved by the Town Planner. The petitioner

has submitted Ext.P15 detailed reply and seeks a consideration thereof

before any further steps are taken in the matter.

5. Having considered the contentions advanced, there will be a

direction to the 3rd respondent to take up Ext.P15 explanation submitted

by the petitioner and to consider and pass orders on the same, after

hearing the petitioner also, through any appropriate means, including

through video conferencing, within a period of 10 days from the date of

receipt of a copy of this judgment. The petitioner shall produce a copy of

the writ petition along with a copy of this judgment before the 3rd

respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 745 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE SALE DEED DATED 28.03.2018 Exhibit P2 A TRUE COPY OF THE TAX RECEIPT DATED 07.07.2021 Exhibit P3 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.6249/2020 DATED 01.06.2020 Exhibit P4 A TRUE COPY OF THE LAND UTILIZATION ORDER NO.B1-1799/2020 DATED 25.09.2020 ISSUED BY THE IRINJALAKUDA RDO Exhibit P5 TRUE COPY OF THE FMB SKETCH DATED 08.01.2021 Exhibit P6 A TRUE COPY OF THE ORDER NO. C4-7133/2020 DATED 08.01.2021 ISSUED BY THE KODUNGALLOOR TAHSILDAR Exhibit P6(a) A TRUE COPY OF THE FORM C ISSUED BY THE TAHSILDAR, KODUNGALLUR THALUK DATED 08.01.2021 Exhibit P7 TRUE COPY OF THE ORDER NO.TCPTSR/104/2021-C1 OF THE CHIEF TOWN PLANNING OFFICER DATED 28.05.2021 Exhibit P8 TRUE COPY OF THE KEY PLAN OF THE BUILDING ALONG WITH THE DRAWINGS OF THE COMPOUND/ BOUNDARY WALL DATED 15.06.2021 Exhibit P9 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT NO.B1-3234/2020 ISSUED BY THE POYYA GRAMA PANCHAYATH DATED 22.06.2021 Exhibit P10 TRUE COPY OF THE STOP MEMO NO.B1/3234/2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 22.12.2021 Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 28.12.2021 SENT BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P12 TRUE COPY OF THE REPRESENTATION MADE TO THE TAHSILDAR KODUNGALLUR BY THE PETITIONER DATED 28.12.2021 Exhibit P13 TRUE COPY OF THE PHOTOGRAPHS TAKEN OF THE EASTERN BOUNDARY OF THE PROPERTY Exhibit P14 TRUE COPY OF THE LETTER NO.B1/3234/2020 DATED 28.12.2021 SENT BY THE 2ND RESPONDENT TO THE PETITIONER WP(C) NO. 745 OF 2022

Exhibit P15 TRUE COPY OF THE REPLY DATED 05.01.2022 SENT BY THE PETITIONER TO THE 2ND RESPONDENT RESPONDENTS' EXHIBITS: NIL