Abdul Rahman T.A vs Madhur Grama Panchayath
2022 Latest Caselaw 7230 Ker

WP(C) NO. 14677 OF 2022             1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
          THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                          WP(C) NO. 14677 OF 2022
PETITIONER/S:
           ABDUL RAHMAN T.A.
           S/O.ABDUL KHADER HAJI,
           SAMEENA MANZIL, THURUTHI,
           KASARAGOD-671121.

              BY ADV R.KRISHNAKUMAR (CHERTHALA)


RESPONDENT/S:
     1     MADHUR GRAMA PANCHAYATH
           REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
           MADHUR.P.O,
           KASARAGOD-671125.

      2        THE SECRETARY,
               MADHUR GRAMA PANCHAYATH, PANCHAYATH OFFICE,
               MADHUR.P.O, KASARAGOD-671125.

      3        TAHSILDAR(LAND RECORDS),
               KASARAGOD TALUK OFFICE, NEAR MALLIKARJUNA TEMPLE,
               KASARGODE-671121.

      4        THE VILLAGE OFFICER
               KUDLU VILLAGE, KUDULU GROUP, KUDLU.P.O,
               KASARAGODE DISTRICT-671124.


OTHER PRESENT:

               SMT.VIDYA KURIAKOSE, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14677 OF 2022             2




                       P.V.KUNHIKRISHNAN, J
                 --------------------------------------------
                     W.P.(C.) No. 14677 of 2022
                    --------------------------------------
                Dated this the 23rd day of June, 2022


                               JUDGMENT

The above writ petition is filed with following prayers :

"a) Call for the records leading upto Ext P9 and P10 and quash the same by issuing a certiorari, or any other appropriate writ, order or direction.

b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents no.1 and 2 to consider and pass orders on application for building permit for construction of residential building as evidenced by Ext.P5 and P6 and to pass orders on the same within the time limit fixed by this Hon'ble Court after affording an opportunity of hearing to the petitioner.

c) Issue such other appropriate writs, orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case." [SIC]

2. This writ petition is filed challenging Exts.P9 and

P10 orders issued by the Madhur Grama Panchayat. Ext.P9 is

a provisional order issued by the Panchayat on 4.4.2022.

Ext.P10 is also a provisional order. In Ext.P10 itself, it is

stated that it is a provisional order. The petitioner submitted

Ext.P11 before the Panchayat on 22.4.2022. For non

consideration of Ext.P11, this writ petition is filed.

3. Heard the learned counsel for the petitioner and the

learned counsel appearing for the 1st and 2nd respondents. I

also heard the learned Government Pleader.

4. After hearing both sides, I think this writ petition

can be disposed of directing the 2nd respondent to consider

Ext.P11 and till then, all further proceedings based on

Ext.P10 can be kept in abeyance.

Therefore, this writ petition is disposed of with the

following directions :

1) The 2nd respondent is directed to pass appropriate

orders in Ext.P11 as expeditiously as possible, at

any rate, within two months from the date of receipt

of a copy of this judgment, after giving an

opportunity of hearing to the petitioner and other

affected parties, if any.

2) Till final orders are passed, all further proceedings

consequent to Ext.P10 shall be deferred.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 14677/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 01.07.2021.

Exhibit P2 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 03.07.2021

Exhibit P3 A TRUE COPY OF THE LOCATION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 05.02.2022

Exhibit P4 A TRUE COPY OF THE LETTER NO.Y4-2158/2021 DATED 04.08.2021 ISSUED BY THE DEPUTY DIRECTOR OF SURVEY, KASARAGOD TO THE PETITIONER.

Exhibit P5 A TRUE COPY OF THE ORDER NO.H4-10750/2021 DATED 20.11.2021 ISSUED BY THE 3RD RESPONDENT

Exhibit P6 A TRUE COPY OF THE ACKNOWLEDGE RECEIPT DATED 22-12-2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

Exhibit P7 A TRUE COPY OF THE FEE RECEIPT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 22-12-2021

Exhibit P8 A TRUE COPY OF THE LETTER NO.2275/20 DATED 09.03.2022 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.

Exhibit P9 A TRUE COPY OF THE NOTICE NO.1807/18 DATED 04.04.2022 ISSUED BY THE 2ND RESPONDENT

Exhibit P10 A TRUE COPY OF THE ORDER NO.2275/20 DATED 07.04.2020 ISSUED BY THE 2ND RESPONDENT

Exhibit P11 A TRUE COPY OF THE REPLY SEND BY THE PETITIONER TO THE 2ND RESPONDENT DATED 22.04.2022.