Joy Joseph vs Manakkad Grama Panchayath
2022 Latest Caselaw 8128 Ker

WP(C) NO. 24255 OF 2021               1



                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

            FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944

                            WP(C) NO. 24255 OF 2021

PETITIONER/S:
            JOY JOSEPH
            AGED 61 YEARS
            S/O.THOMAS, KURISHINKAL HOUSE, VENGALOOR KARA, MANAKKAD
            VILLAGE, THODUPUZHA TALUK

               BY ADV M.NARENDRA KUMAR


RESPONDENT/S:
     1      MANAKKAD GRAMA PANCHAYATH
            REP.BY ITS SECRETARY, CHITTUR, PUTHUPPARIYARAM P.O., IDUKKI
            PIN 685 608

      2        ASSISTANT EXECUTIVE ENGINEER
               LSGD SECTION, MANAKKAD, CHITTUR, PUTHUPPARIYARAM P.O.,
               IDUKKI PIN 685 608

      3        THOMAS
               AGED 60 YEARS
               S/O.THOMAS, KANIYARUSSERIL HOUSE, VENGALOOR KARA, MANAKKAD
               VILLAGE, THODUPUZHA TALUK, PIN 685 608

      4        ALYKUTTY
               AGED 57 YEARS
               W/O.THOMAS, KURISHINKAL HOUSE, VENGALOOR KARA, MANAKKAD
               VILLAGE, THODUPUZHA TALUK, PIN 685 608

               BY ADVS.
               M.H.HANIL KUMAR
               GOVERNMENT PLEADER
               BINU PAUL
               SHINE MATHEWS(VADAKKEKARA)
               JEAN ALEX


OTHER PRESENT:
               SMT.VIDYA KURIAKOSE, GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION            ON
01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24255 OF 2021               2




                         P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                       W.P.(C) No.24255 of 2021
                      --------------------------------------
                  Dated this the 1st day of July, 2022


                                JUDGMENT

The above writ petition is filed with following prayers :

i) "issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading Ext P14 and P15 and quash the same.

ii) grant such other reliefs as if deemed fit and proper by this Hon'ble Court in the facts and circumstances of the case." [SIC].

2. The petitioner obtained Ext.P4 building permit dated

27.11.2020 and started construction of a residential building

and spend about Rs.20 lakhs. As per Ext.P13 dated 23.4.2021,

the 1st respondent-Panchayat issued stop memo based on a

complaint from respondent Nos. 3 and 4, who owns property on

the northern side of the petitioner's property. According to the

petitioner, the said property is situated in a higher level of 21-

22 feet above the petitioner's property and they claimed title

to two cents on the northern portion of the petitioner's

property, which is lying at a lower level of 21-22 feets. Ext.P4

permit and Ext.P5(a) site plan, the set back of the rear side is

3.6 metres. The 2nd respondent reported that there is a

reduction of 17 cm in the set back on the rear side, which

resulted in Ext.P13 stop memo. Ext.P14 cancellation of permit

and Ext.P15 demolition order was also issued subsequently.

Hence, this writ petition.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that the

petitioner is ready to submit an application for a new permit

with an application for regularizing the construction already

made. If that is the case, the respondents can consider the

same and pass appropriate orders, in accordance to law. The

counsel for the petitioner also submitted that he is ready to

submit a new plan also. The same also can be considered by

the Panchayat. The petitioner submitted that the appeal filed

by the petitioner against the same prayer before the Tribunal

will be withdrawn and the same is recorded.

Therefore, this writ petition is disposed of with the

following directions :

1) The petitioner is free to submit a revised plan and a

revised permit application with an application for

regularization, within three weeks from the date of

receipt of a copy of this judgment.

2) Once such an application is received, the 1 st respondent

will consider and pass appropriate orders in it, in

accordance to law, after giving an opportunity of hearing

to the affected parties, including the petitioner.

3) I make it clear that the other contentions with regard to

the title of the petitioner are left open.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 24255/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DEED NO.1212/1/2021 OF SRO, THODUPUZHA DT. 6.7.21

Exhibit P2 TRUE COPY OF THE SALE DEED NO.173/1/1988 OF SRO, THODUPUZHA DT. 30.1.88

Exhibit P3 TRUE COPY OF SALE DEED NO.175/1/1988 OF SRO, THODUPUZHA DT. 29.1.88

Exhibit P4 TRUE COPY OF BUILDING PERMIT BEARING NO.A4-2761/2020 DATED 21.11.2020 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER

Exhibit P5 TRUE COPY OF FRONT ELEVATION FOR THE BUILDING

Exhibit P5(A) TRUE COPY OF SITE PLAN OF THE BUILDING

Exhibit P6 TRUE COPY OF CERTIFICATE ISSUED BY THE GENERAL MANAGER OF DISTRICT INDUSTRIES CENTRE DATED 25.3.2021

Exhibit P7 TRUE COPY OF PLAINT IN O.S.NO.24 OF 2021 IN HE COURT OF MUNSIFF, THODUPUZHA

Exhibit P8 TRUE COPY OF REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER IN O.S.NO.24 OF

Exhibit P8(A) TRUE COPY OF SKETCH SUBMITTED BY THE ADVOCATE COMMISSIONER IN O.S.NO.24 OF

Exhibit P9 TRUE COPY OF I.A.NO.1/21 IN OS NO.24/2021 DATED 28.1.2021 IN THE COURT OF MUNSIFF

THODUPUZHA

Exhibit P10 TRUE COPY OFT HE COUNTER AFFIDAVIT IN EXT. P9 DATED 2.3.2021

Exhibit P11 TRUE COPY OF THE COMPLAINT DATED 5.4.2021 FILED BY THE 3RD RESPONDENT

Exhibit P12 TRUE COPY OF REPORT BEARING NO.A4-1186/21 DATED 22.4.2021 OF THE SECOND RESPONDENT

Exhibit P13 TRUE COPY OF STOP MEMO BEARING NO.1186/21 DATED 23.4.2021 ISSUED BY THE FIRST RESPONDENT

Exhibit P14 TRUE COPY OF THE ORDER DATED 21.5.2021 ISSUED BY THE FIRST RESPONDENT

Exhibit P15 TRUE COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT DATED 23.10.2021

Exhibit P16 TRUE COPY OF THE APPEAL NO 315/2022 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANATHAPURAN

Exhibit P17 TRUE COPY OF THE I.A.1/2022 IN APPEAL NO 315/2022 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANATHAPURAM