M.J.Johnson vs Dr.Baby Krishnan
2022 Latest Caselaw 8820 Ker

WP(C) NO. 26972 OF 2012             1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                          WP(C) NO. 26972 OF 2012
PETITIONER/S:

      1        M.J.JOHNSON
               AGED 45 YEARS
               S/O. JOSEPH,MADATHIPARAMBIL HOSUE, WIRE ROPES
               JUNCTION EDATHALA.P.O., PUKKATTUPADY PIN-683561

      2        SRI.V.O. VARGHESE
               S/O. VARGHESE VARKEY, PROPRIETOR, M/S. CHERUPUSHPAM
               OFFSET, WIRE ROPES JUNCTION EDATHALA.P.O.,
               PUKKATTUPADY PIN-683561M NOW RESIDING AT
               OOTTANCHERY HOSUE, THAMARACHAL,
               KIZHAKKAMBALAM.P.O., ERNAKULAM-683562.

              BY ADVS.
              SRI.K.C.ELDHO
              SRI.ANESH PAUL
              SRI.JIJO THOMAS
              SRI.SURAJ.S



RESPONDENT/S:

      1        DR.BABY KRISHNAN
               AGED 54 YEARS
               S/O. KRISHNAN, AISWARAYA HOSPITAL HOSPITAL WIRE
               ROPES JUNCTION, EDATHALA.P.O., PUKKATTUPADY, PIN-
               683561.

      2        DR. REMA BABY
               AGED 44 YEARS
               W/O. DR. BABY KRISHNAN, AISWARAYA HOSPITAL HOSPITAL
 WP(C) NO. 26972 OF 2012                  2


               WIRE ROPES JUNCTION, EDATHALA.P.O., PUKKATTUPADY,
               PIN-683561.

      3        EDATHALA GRAMA PANCHAYATH
               EDATHALA NORTH PO, ALUVA PIN-683561, REPRESENTED BY
               ITS SECRETARY.

              BY ADVS.
              SRI.N.HARIDAS
              SRI.C.S.MANU
              SRI.M.N.SASIDHARAN




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.07.2022,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 26972 OF 2012               3




                         P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                       W.P.(C) No. 26972 of 2012
                      --------------------------------------
                  Dated this the 7th day of July, 2022


                                JUDGMENT

The above writ petition is filed with following prayers :

"a. Call for the records leading to Exhibit P14 order and quash the same by issuing a Writ of Certiorari or any other appropriate writ, order or direction.

b. Issue a writ of mandamus or any other appropriate writ, order or direction compelling the 3rd respondent Panchayath not to implement Ext.P14 order in respect of the illegal constructions made by the respondents 1 and 2 in plaint B schedule property in Exhibit P1 suit pending final disposal of the Appeal No. 445 of 2006 on the file of the Tribunal for Local Self Government Institutions, Thiruvananthapuram c. Issue such other writ, order or direction as this Honourable Court deems fit while considering the peculiar circumstances of the case." [SIC]

2. The main prayer is against Ext.P14. Ext.P14 is the

building permit issued by the Edathala Municipality. The 2 nd

prayer is to issue a direction to the 3 rd respondent- Panchayat

not to implement Ext.P14 order in respect of the illegal

construction made by respondent Nos. 1 and 2 in plaint B

schedule property in Ext.P1 suit pending final disposal of the

Appeal No. 445 of 2006 on the file of the Tribunal for Local

Self Government Institutions, Thiruvananthapuram. Probaby,

the suit and the appeal might have been disposed finally.

There is no representation for the petitioner also. I think, the

prayers in the writ petition are infructuous.

Therefore, this writ petition is dismissed.

SD/-

                                        P.V.KUNHIKRISHNAN
                                              JUDGE
SKS




                                APPENDIX

PETITIONER'S EXHIBITS     :

EXT.P1     TRUE COPY OF THE PLAINT IN OS NO 310 OF 2005 ON THE FILE
OF MUNSIFF'S COURT, ALUVA

EXT.P2     TRUE COPY OF THE WRITTEN STATEMENT FILED BY RESPONDENTS
1 AND 2 IN EXHIBIT P1 SUIT

EXT.P3     TRUE COPY OF THE NO OBJECTION DATED 16.9.2004 ISSUED BY
THE 3RD RESPONDENT

EXT.P4     TRUE COPY OF THE NOTIFICATION NO.GO(MS) NO.149/98/LAD
ISSUED BY THE GOVERNMENT

EXT.P5     TRUE COPY OF THE ADDL. WRITTEN STATEMENT FILED BY THE
RESPONDENTS 1 AND 2 IN EXHIBIT P1

EXT.P6     TRUE COPY OF THE     WRITTEN    STATMENT   FILED   BY   THE    3RD
RESPONDENT IN EXHIBIT P1 SUIT

EXT.P7     TRUE COPY OF THE ORDER NO.A2-115/06 DATED 27.4.2006 OF
THE 3RD RESPONDENT PANCHAYATH

EXT.P8     TRUE COPY OF THE ORDER DATED 24.8.2006 OF THE TRIBUNAL

FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM

EXT.P9 TRUE COPY OF THE SAID NOTICE DATED 30.10.2006 ISSUED BY THE 3RD RESPONDENT PANCHAYATH

EXT.P10 A TRUE COPY OF THE ORDER DATED 2.4.2007 IN WPC NO 30883/2006 OF THIS HON'BLE COURT

EXT.P11 A TRUE COPY OF THE JUDGMENT DATED 18.11.2010 IN WPC NO 33895/2005 OF THIS HON'BLE COURT

EXT.P12 A TRUE COPY OF THE UDGMENT DATED 13.8.2012 IN OPC NO 2656/2012 OF THIS HON'BLE COURT

EXT.P13 A TRUE COPY OF THE REPORT DATED 11.9.2012 OF THE ASSISTANT ENGINEER OF THE 3RD RESPONDENT

EXT.P14 A TRUE COPY OF THE ORDER DATED NIL ISSUED BY THE 3RD RESPONDENT PANCHAYAT REGULARIZING THE ILLEGAL CONSTRUCTIONS.