Devayani vs Kaiparambu Grama Pachayath
2022 Latest Caselaw 2433 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                         WP(C) NO.4731 OF 2022
PETITIONER :-

             DEVAYANI,
             THADATHIL HOUSE, PERAMANGALAM P.O.,
             THRISSUR, PIN - 680 545.

             BY ADVS.
             K.SUDHINKUMAR
             P.MOHANDAS (ERNAKULAM)
             SATHEESH MOHANAN


RESPONDENTS :-

     1       KAIPARAMBU GRAMA PACHAYATH
             REPRESENTED BY ITS SECRETARY,
             MUNDOOR P.O., THRISSUR - 680 541.

     2       SECRETARY
             KAIPARAMBU GRAMA PANCHAYATH
             MUNDOOR P.O., THRISSUR - 680 541.

           BY ADV SRI.P.C.SASIDHARAN, SC, KAIPARAMBA GRAMA
           PANCHAYATH


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   04.03.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.4731 OF 2022

                                     -: 2 :-


                               JUDGMENT

Dated this the 4th day of March, 2022

This writ petition is filed seeking the following reliefs :-

"i) to issue a Writ of Certiorari or such other appropriate writ, order or direction quashing Ext.P8 order issued by the 2nd respondent as the same is arbitrary and illegal.

ii) to issue a Writ of Certiorari or such other appropriate writ, order or direction quashing Ext.P9 order issued by the 2nd respondent as the same is arbitrary and illegal.

iii) to issue a Writ of Certiorari or such other appropriate writ, order or direction quashing Ext.P14 order issued by the 2nd respondent as the same is arbitrary and illegal.

iv) to issue a Writ of Mandamus or such other appropriate writ order or direction to the 2 nd respondent to consider and pass appropriate orders on Exts.P15 and P17 representations filed by the petitioner after hearing the petitioner within a time limit that may be fixed by this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. It is submitted by the learned counsel for the

petitioner that the petitioner is the owner in possession of a

commercial building having eight shop rooms which was

constructed on the strength of Ext.P1 building permit dated

31.12.2007. It is submitted that a provisional order had been

issued to the petitioner stating that there are unauthorised WP(C) NO.4731 OF 2022

constructions in the building in question. The petitioner had

submitted a reply. Thereafter, further notice and provisional

order had been served on the petitioner as Exts.P5 and P6. It is

submitted that no site inspection had been conducted with

notice to the petitioner and copy of the report on which the

notice is based had not been served on the petitioner. However,

the petitioner submitted a detailed reply to the provisional

orders. It is submitted that without passing final orders on the

replies submitted by the petitioner to the provisional orders, the

respondents have proceeded to pass orders cancelling the

numbering of the building and renumbering the building as

unauthorised. It is submitted that since the petitioner has

submitted Exts.P15 and P17 detailed representations before the

respondents and has also expressed her willingness to regularise

the unauthorised constructions, the issue requires a

reconsideration, in accordance with law.

4. The learned Standing Counsel appearing for the

Panchayat submits that the petitioner had been put on notice of

the unauthorised constructions done by her in the property in

question. It is submitted that Ext.P6 would specify the violations

and the unauthorised constructions carried out by the petitioner. WP(C) NO.4731 OF 2022

Though notices had been repeatedly issued to the petitioner, no

steps have been taken to either regularise the unauthorised

constructions or to remove the same, which is the reason why

further action has been taken against the petitioner. It is

submitted that the building had been renumbered as

unauthorised and demand notice had been issued as early as on

26.7.2019. It is contended that the challenge raised against the

impugned orders and notices is highly belated and cannot be

entertained.

5. Having considered the contentions advanced, I notice

that no final order has been issued after considering the

objections of the petitioner to the notices and the provisional

orders issued. Exts.P15 and P17 are representations submitted

by the petitioner against the provisional orders issued under

Section 235W(1) of the Kerala Panchayat Raj Act. The statement

also is silent about the issuance of any final orders as against the

petitioner.

In the above view of the matter, I am of the opinion

that the representations submitted by the petitioner as Exts.P15

and P17 are liable to be considered before any further steps are

taken by the respondents. There will, accordingly, be a direction WP(C) NO.4731 OF 2022

to the respondents to take up Exts.P15 and P17 and to pass final

orders in accordance with law, after hearing the petitioner also,

within a period of one month from the date of receipt of a copy

of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/5.3.2022 WP(C) NO.4731 OF 2022

APPENDIX OF WP(C) 4731/2022

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE BUILDING PERMIT DATED 31.12.2007

Exhibit-P2 TRUE COPY OF THE NOTICE NO. B1-10031/18 ISSUED BY THE 2ND RESPONDENT DATED 27.12.2018

Exhibit-P3 TRUE COPY OF THE PROVISIONAL ORDER NO. B1-

10031/18 ISSUED BY THE 2ND RESPONDENT

Exhibit-P4 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10.01.2019

Exhibit-P5 TRUE COPY OF THE NOTICE NO. B1-10031/18 ISSUED BY THE 2ND RESPONDENT DATED 13.03.2019

Exhibit-P6 TRUE COPY OF THE PROVISIONAL ORDER NO. B1-

10031/18 DATED 13.03.2019

Exhibit-P7 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.03.2019

Exhibit-P8 TRUE COPY OF THE ORDER NO. B-10031/18 DATED 26.04.2019 ISSUED BY THE 2ND RESPONDENT

Exhibit-P9 TRUE COPY OF THE COMMUNICATION NO. B1-10031/18 DATED 25.05.2019

Exhibit-P10 TRUE COPY OF THE COMMUNICATION NO. B1-10031/18 DATED 28.06.2019 ISSUED BY THE 2ND RESPONDENT

Exhibit-P11 . TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT

Exhibit-P12 TRUE COPY OF THE COMMUNICATION N0. B1-10031/18 DATED 26.07.2019 WP(C) NO.4731 OF 2022

Exhibit-P13 TRUE COPY OF THE COMMUNICATION N0. B1-10031/18 DATED 01.02.2020

Exhibit-P14 TRUE COPY OF THE ORDER NO.B1-10031/18 DATED 20.06.2019 RECEIVED UNDER RTI ACT ON 10.09.2021

Exhibit-P15 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 16.08.2021

Exhibit-P16 TRUE COPY OF THE REMINDER LETTER ISSUED TO THE 2ND RESPONDENT BY THE PETITIONER DATED 12.10.2021

Exhibit-P17 TRUE COPY OF THE LAST REPRESENTATION FILED BY THE PETITIONER DATED 27.10.2021