Abdul Risvan Bin vs Secretary
2022 Latest Caselaw 6619 Ker

WP(C) NO. 22875 OF 2021                   1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                                WP(C) NO. 22875 OF 2021
PETITIONER/S:

               ABDUL RISVAN BIN
               AGED 32 YEARS
               S/O. MOIDEEN, DARANNUJOOM, POST CHERANDATHOOR, (VIA)
               THIRUVALLOOR , VATAKARA, KOZHIKODE DISTRICT,
               KERALA , PIN - 673541.
               REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
               JASEERA UMMER, W/O. ABDULRISVAN BIN, DARANNUJOOM,
               POST-CHERANDATHOOR(VIA), THIRUVALLOOR, VATAKARA,
               KOZHIKODE DISTRICT, KERALA, PIN - 673541.

               BY ADVS.
               K.RAKESH ROSHAN
               THUSHARA.V



RESPONDENT/S:

               SECRETARY
               MANIYOOR GRAMA PANCHAYATH, POST-PALAYADNADA,
               VATAKARA, KOZHIKODE DISTRICT, PIN - 673521.

               BY ADVS.
               T.M.KHALID, RESP.
               K.P.SUSMITHA
               VINOD SINGH CHERIYAN


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    09.06.2022,         THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 22875 OF 2021                2




                         P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                       W.P.(C.) No. 22875 of 2021
                      --------------------------------------
                  Dated this the 9th day of June, 2022


                                   JUDGMENT

The above writ petition is filed with following prayers :

"i. Issue a writ of certiorari and quash Exhibit P4, P4(a) , P6 and P8 orders and notice of the respondent, holding it as illegal. ii. Direct the respondent to permit the petitioner to continue with the residential house of the petitioner as per Exhibit P2 building permit, without raising unnecessary illegal objections. iii. Issue such other writ or direction which this Hon'ble Court may deem fit to pass in the circumstances of the case." [SIC]

2. The main challenge is against Ext.P6 order.

Admittedly, this is an appealable order. The counsel appearing

for the Panchayat submitted that the petitioner has got two

options, either to file an appeal before the Tribunal or before

the Panchayat Committee.

3. In the light of the same, the petitioner is free to file

an appeal against Ext.P6 order.

Therefore, this writ petition is disposed of allowing the

petitioner to challenge Ext.P6 by filing appeal, in accordance to

law.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 22875/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ASSIGNMENT DEED WITH REGISTER NO. 3204/2013 OF S R O PAYYOLI.

Exhibit P2 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE RESPONDENT OF CONSTRUCTION OF THE RESIDENTIAL HOUSE ALONG WITH THE BUILDING PLAN.

Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER IN RESPECT OF THE PROPERTY COVERED BY EXHIBIT.P1.

Exhibit P4 TRUE COPY OF THE NOTICE DATED 31.08.2021 OF THE RESPONDENT.

Exhibit P4(a) TRUE COPY OF THE ORDER DATED 31.08.2021 WITH ORDER NO.C2-4762/2021, ATTACHED TO ABOVE SAID NOTICE.

Exhibit P5 TRUE COPY OF REPLY LAWYER NOTICE GIVEN BY THE PETITIONER TO EXHIBIT P4 AND P4(A)

Exhibit P6 TRUE COPY OF THE ORDER DATED 20.09.2021.

Exhibit P7 TRUE COPY OF THE KERALA GOVERNMENT CIRCULAR DATED 21.04.2017.

Exhibit P8 TRUE COPY OF THE NOTICE OF RESPONDENT DATED 06.10.2021.

RESPONDENT'S EXHIBITS            :

EXT.R1(A)                   COPY OF THE LETTER NO.DCKKC/5794/2021-N4

DATED 14.7.2021 OF DISTRICT COLLECTOR, KOZHIKODE WITH MASS PETITION