P.V.Varghese vs Pathanapuram Grama Panchayat
2022 Latest Caselaw 6742 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                      WP(C) NO. 21757 OF 2019
PETITIONER:

            P.V.VARGHESE, AGED 58 YEARS
            S/O.P.C.VARGHESE,KAILATH HOUSE,
            KARAMOODU,MANJALLOOR,PATHANAPURAM,KOLLAM-689695.
            BY ADVS.
            K.S.HARIHARAPUTHRAN
            SMT.BHANU THILAK

RESPONDENTS:

    1    PATHANAPURAM GRAMA PANCHAYAT,
         PATHANAPURAM.P.O,KOLLAM-689695,
         REPRESENTED BY ITS SECRETARY.
    2    SECRETARY,
         PATHANAPURAM GRAMA PANCHAYAT,
         PATHANAPURAM.P.O,KOLLAM-689695.
    3    CHIEF TOWN PLANNER,VIGILANCE, LSGD,
         GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.
    4    BUKARI.A,AGED 44 YEARS
         S/O ABDUL AZEEZ,BUKARI MANZIL,
         NADUKUNNU,PATHANAPURAM.P.O,
         KOLLAM-689695.
 ADDL.R5 STATE OF KERALA,
         REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
         GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, 695001.

            [ADDL.R5 IS IMPLEADED AS PER ORDER DATED
            29/08/2019 IN IA-1/2019 IN WP(C) 21757/2019]
            BY ADVS.
            SRI.V.PHILIP MATHEW, SC, GRAMA PANCHAYAT, KOLLAM
            SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   14.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.21757/2019

                                   2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.21757 of 2019
             ----------------------------------------------
            Dated this the 14th day of June, 2022


                           JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ in the nature of certiorari or any other writ, order or direction calling for the records culminated in the issuance of Exts. P5 notice and quash the same.

ii. Issue and order staying the operation and implementation of Ext.P5 notices, till the disposal of the above Writ Petition.

iii. Issue such other order or direction as this Hon'ble Court deems fit and proper to grant in the nature and course of the proceedings.

(SIC)

2. The petitioner mainly challenged Ext.P5. According

to the petitioner, Ext.P5 order is passed without giving an

opportunity of hearing to the petitioner.

3. Heard the learned counsel for the petitioner and

the learned Standing Counsel for respondents 1 and 2. I also W.P.(C).No.21757/2019

heard the learned Government Pleader who is appearing for

respondents 3 and 5.

4. The learned counsel for the petitioner reiterated his

contentions in the writ petition. On the other hand, the

learned Standing Counsel for respondents 1 and 2 submitted

that Ext.P5 is issued in the light of Ext.R1(a) issued by the

Government. The learned Standing Counsel also takes me

through the recommendations issued by the Chief Town

Planner (Vigilance) based on which the Government issued

Ext.R1(a).

5. This Court considered the contentions of the

petitioner and the respondents. I perused Ext.R1(a) in which

the report of the Chief Town Planner (Vigilance) is also

enclosed. In the report of the Chief Town Planner, certain

recommendations are given. It will be better to extract those

recommendations:

"Recommendations In the light of the above findings, the following directions may be issued to the Secretary, Pathanapuram Grama Panchayat.

1. To cancel the occupancy certificate issued to the building and to take action against the W.P.(C).No.21757/2019

unauthorised construction.

2. To verify whether the existing (G+1) Kailath Financers Office building violates Section 220(b) of Kerala Panchayat Raj Act.

3. To take action against the officials responsible for the grant of building permit violating Rules 27(5) &37(1) of KPBR'11.

4. To take action against the officials responsible for the grant of occupancy certificate violating Rules 27(4), 27(5), 27(11), 37(1) and 37(5) of KPBR'11.

5. To submit an action taken report to the Government."

6. These findings are arrived by the Chief Town

Planner (Vigilance), without giving an opportunity of hearing

to the petitioner who is the affected party in this case. Based

on the same, the Government passed Ext.R1(a) and

consequently Ext.P5 is passed by the Panchayat. According to

me, there is injustice to the petitioner because these orders are

passed behind his back. Therefore I think the writ petition can

be disposed directing the petitioner to file a representation

before the 3rd respondent narrating his grievance and there can

be a direction to the 3rd respondent to consider that

representation after giving an opportunity of hearing to the W.P.(C).No.21757/2019

petitioner and the Panchayat so that there will be quietus to

the entire issue.

Therefore, this writ petition is disposed of in the

following manner:

1. The petitioner is free to file a representation

narrating his grievance raised in this writ

petition before the 3rd respondent, within three

weeks from the date of receipt of a copy of this

judgment.

2. Once such a representation is received, the 3 rd

respondent will consider the same and pass

appropriate orders in it, after giving an

opportunity of hearing to the petitioner, 1 st

respondent Panchayat and the 4th respondent,

as expeditiously as possible, at any rate, within

two months from the date of receipt of the

representation.

3. Status quo as on today will continue till final

orders are passed by the 3rd respondent.

4. The 3rd respondent will consider the

representation untrammeled by any of the W.P.(C).No.21757/2019

observations in the recommendation produced

along with Ext.R1(a).

sd/-

                                      P.V.KUNHIKRISHNAN
JV                                           JUDGE
 W.P.(C).No.21757/2019





                 APPENDIX OF WP(C) 21757/2019

PETITIONER EXHIBITS
EXHIBIT P1        TRUE COPY OF THE BUILDING PERMIT
                  DTD.13.06.2014
EXHIBIT P2        TRUE COPY OF THE NOTICE NUMBER B2-

2980/19 DTD.03.05.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DTD.20.05.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPLY DTD.14.06.2019 SUBMITTED BY THE PETITIONER AGAINST EXT.P2 NOTICE EXHIBIT P5 TRUE COPY OF THE ORDER DTD.12.07.2019 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT EXHIBITS EXHIBIT R1(a) COPY OF COMMUNICATION DATED 4/10/2018 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT ALONG WITH REPORT DATED 21/8/2018 SUBMITTED BY THE 3RD RESPONDENT.

EXHIBIT R1(b) COPY OF COMMUNICATION DATED 29/5/2019 ISSUED TO THE PETITIONER