Kerala High Court
K.Bharathan vs Mulankunnathukavu Grama ... on 29 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 22832 OF 2011
PETITIONER
K.BHARATHAN
AGED 36 YEARS, MULLAPPILLY HOUSE,,
POONKUNNAM.P.O, THRISSUR -2.
BY ADV SRI.SHOBY K.FRANCIS
RESPONDENTS
1 MULANKUNNATHUKAVU GRAMA PANCHAYATH & ORS
REP. BY ITS SECRETARY,OFFICE OF,
MULANKMUNNATHUKAVU GRAMA PANCHAYATH,,
GURUVAYOOR.P.O, THRISSUR - 680 581.
2 TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTIONS, THIRUVANANTHAPURAM,, REPRESENTED BY
ITS TRIBUNAL SECRETARY,, OFFICE OF THE LSGI,
THIRUVANANTHAPURAM-695 001.
BY ADVS.
SRI.P.B.KRISHNAN
SRI.P.B.SUBRAMANYAN
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).22832 of 2011
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).22832 of 2011
-----------------------------
Dated : 29th June, 2022
JUDGMENT
1. The above writ petition is filed with the following prayers :
(i) Issue a writ of certiorari and quash Exts.P8 and P11 and
its all further proceedings.
(ii) Issue a writ of mandamus directing the 1 st respondent to
number the building constructed by the petitioner on the
basis of Ext.P1 building permit within a time limit. [SIC]
2. On 22.8.2011 when the writ petition came up for
consideration, this Court was pleased to stay all further
proceedings consequent to Exts.P8 and P11. The same
was extended further on 4.6.2012. Ext.P8 is a stop memo
issued by the Panchayath and Ext.P11 is the order of the
Tribunal. Subsequently when the matter came up for
consideration on 14.6.2013, this Court passed the
following order :
WP(C).22832 of 2011
"There was no representation for the 1 st respondent when this
matter was taken up on 22.5.2013. Therefore the matter was
adjourned to this date. Today also there is no representation for
the Panchayath. It is evident that the Panchayath has no
objection to this petition being allowed. This interlocutory
application is therefore allowed. The 1 st respondent is directed to
number the building constructed by the petitioner pursuant to
Ext.P1 building permit, provisionally, subject to further orders in
this writ petition."
3. Accordingly the petitioner obtained a number to his
building. Today also there is no representation for the 1 st
respondent. This writ petition is pending before this Court
from 2011 onwards. No purpose will be served in retaining
this writ petition indefinitely. If there is any violation or
irregularity on the side of the petitioner in constructing the
buildings, 1st respondent is free to issue notice to the
petitioner and proceed in accordance with law. In the light
of numbering the building, continuation of Ext.P8 andP11
is not necessary and the same can be set aside.
4. This writ petition is therefore disposed of with the
following directions.
(i) Exts.P8 and P11 are set aside.
(ii) Interim order dated 14.6.2013 is made absolute.
(iii) Panchayath will give regular number to the
WP(C).22832 of 2011
petitioner's building in accordance with law.
(iv) If there is any violation or irregularity in the
construction, respondent Panchayath is free to proceed in
accordance with law after giving notice to the petitioner.
Sd/-
P.V.KUNHIKRISHNAN, Judge
Mrcs
