C.D.Sukumaran vs Vandiperiyar Grama Panchayat
2022 Latest Caselaw 3596 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
         THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                          WP(C) NO. 7430 OF 2019
PETITIONER:

              P.D.CHACKO
              AGED 62 YEARS, S/O.T.V.DANIEL,
              PAINUMKAL HOUSE, VANDIPERIYAR P.O.,
              WALLARDIE KARA, PERIYAR VILLAGE, PEERMADU TALUK.

              BY ADV BIJU .C. ABRAHAM



RESPONDENTS:

     1        VANDIPERIYAR GRAMA PANCHAYAT,
              VANDIPERIYAR, IDUKKI DISTRICT- 685533,
              REPRESENTED BY ITS SECRETARY.

     2        C.D.SUKUMARAN,
              AGED 57 YEARS, S/O.DIVAKARAN,
              CHIRATTAPPARAMBIL HOUSE, VANDIPERIYAR P.O.,
              WALLARDIE KARA, PERIYAR VILLAGE,
              PEERUMADE TALUK- 685533.

     3        RAJESH P.J.,
              SUPERVISOR, PULIMOODU PUTHEN VEEDU,
              JAWAHAR NAGAR 62ND MILE, VALAR D, VANDIPERIYAR.

              BY ADVS.
              SRI.SANTHOSH MATHEW
              SRI.G.SUDHEER
              SRI.NANDAGOPAL S.KURUP
              SRI.ARUN THOMAS
              SRI.R.HARIKRISHNAN (H-308)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, ALONG WITH WP(C).14578/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W. P. (C). Nos. 7430 & 14578 of 2019
                                          2




               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                  THE HONOURABLE MR. JUSTICE T.R.RAVI
    THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                          WP(C) NO. 14578 OF 2019
PETITIONER:

             C.D.SUKUMARAN
             AGED 57 YEARS, S/O.DIVAKARAN,
             CHIRATTAPARAMBIL HOUSE, VANDIPERIYAR P.O.,
             WALLARDICKARA, PEERUMEDU TALUK, PIN-685 573.

             BY ADVS.
             G.SUDHEER
             SANTHOSH MATHEW
             ARUN THOMAS



RESPONDENTS:

     1       VANDIPERIYAR GRAMA PANCHAYAT
             REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE,
             VANDIPERIYAR P.O., IDUKKI DITRICT, PIN-685 533.

     2       P.D.CHACKO
             AGED 62 YEARS, S/O.T.V.DANIEL,
             PAINUMKAL HOUSE, VANDIPERIYAR P.O.,
             PERUMEDU TALUK, PIN-685 533.

             BY ADV SRI.BIJU .C. ABRAHAM


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, ALONG WITH WP(C).7430/2019, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 W. P. (C). Nos. 7430 & 14578 of 2019
                                           3




                               T.R. RAVI, J.
                --------------------------------------------
                  W. P. (C). Nos. 7430 & 14578 of 2019
                 --------------------------------------------
                  Dated this the 24th day of March, 2022

                                   JUDGMENT

Both these writ petitions relate to the construction effected on

the basis of a building permit which has been later revoked. The

revocation of the building permit has already been challenged before

the Tribunal for Local Self Government Institutions and is still

pending. It will not hence be proper for this Court to enter into the

merits of the dispute and render any finding either way.

2. In W.P.(C).No.14578/2019, the petitioner therein, who is

the appellant before the Tribunal for Local Self Government

Institutions in Appeal No.574/2019 has stated that he is ready to

remove the unauthorised constructions, depending on the final

outcome of the case. I am of the opinion that interest of justice will

be served if these writ petitions are closed without prejudice to the

rights of the petitioners in both the writ petitions, in the appeal

before the Tribunal for Local Self Government Institutions. The

willingness expressed by the petitioner in W.P.(C).No.14578/2019 to W. P. (C). Nos. 7430 & 14578 of 2019

remove the constructions which are found to be objectionable is

recorded. The Tribunal may endeavor to dispose of the appeal at the

earliest, at any rate, within 4 months from the date of receipt of a

copy of this judgment.

The writ petitions are closed with the above observation. The

Registry shall forward a copy of this judgment to the Tribunal for

Local Government Institutions.

Sd/-

T.R. RAVI JUDGE

Pn W. P. (C). Nos. 7430 & 14578 of 2019

APPENDIX OF WP(C) 7430/2019

PETITIONERS' EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 29.04.2016 ISSUED BY THE HON'BLE VACATION COURT OF THE DISTRICT JUDGE THODUPUZHA.

EXHIBIT P2 TRUE COPY OF THE PLAINT IN O.S.NO.132/2016 ON THE FILE OF THE MUNSIFF COURT, THODUPUZHA.

EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT ALONG WITH COUNTER CLAIM IN O.S.NO.132/2016 ON THE FILE OF THE MUNSIFF COURT, THODUPUZHA.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 02.05.2016 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ENQUIRY REPORT DATED 17.01.2019 SUBMITTED BY THE ASSISTANT ENGINEER, LSGD SECTION, VANDIPERIYAR, OBTAINED UNDER RIGHT TO INFORMATION ACT.

EXHIBIT P6 TRUE COPY OF THE STOP MEMO DATED 23.01.2019 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT, OBTAINED UNDER RIGHT TO INFORMATION ACT.

EXHIBIT P7 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 21.01.2019.

EXHIBIT P8 TRUE COPY OF THE REPLY DATED 28.01.2019 THUS SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 08.02.2019 PASSED BY THE 1ST RESPONDENT AND OBTAINED UNDER RIGHT TO INFORMATION ACT.

W. P. (C). Nos. 7430 & 14578 of 2019

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 08.02.2019 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT AND OBTAINED UNDER RIGHT TO INFORMATION ACT.

RESPONDENTS' EXHIBITS

EXHIBIT R2(A) TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 25.5.2016 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT

EXHIBIT R2(B) TRUE COPY OF INTERIM ORDER DATED 29.04.2016 ISSUED BY THE DISTRICT COURT, THODUPUZHA

EXHIBIT R2(C) TRUE COPY OF THE BUILDING PERMIT AND PLAN ISSUED BY THE 1ST RESPONDENT DATED 12.2.2018

EXHIBIT R2(D) TRUE COPY OF THE COMMISSION REPORT DATED 1.2.2019 IN I.A.NO.49/2019 IN O.S.NO.16/2019 OF MUNISFF COURT, PEERUMEDU

EXHIBIT R2(E) TRUE PHOTOGRAPHS SHOWING THE DISTANCE BETWEEN THE PROPERTIES

EXHIBIT R2(F) TRUE COPY OF WRITTEN REPLY SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 5.2.2019

EXHIBIT R2(G) TRUE COPY OF NOTICE DATED 16.5.2019 SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT R1(a) TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 7/8/2018 BY 2ND RESPONDENT ALONG WITH TH ETAX RECEIPT DATED 5/6/2018 AND THE LOCATION SKETCH.

EXHIBIT R1(b) TRUE COPY OF THE POSSESSION CERTIFICATE DATED 3/8/2018 SUBMITTED BY THE 2ND W. P. (C). Nos. 7430 & 14578 of 2019

RESPONDENT.

EXHIBIT R1(c) TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE PANCHAYAT.

EXHIBIT R1(d) TRUE COPY OF THE PLAN SUBMITTED BY THE 2ND RESPONDENT WITH THE RECOMMENDATION OF OVERSEER, VANDIPERIYAR GRAMA PANCHAYAT.

EXHIBIT R1(e) TRUE COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER DATED 7/1/2019.

EXHIBIT R1(f) TRUE COPY OF THE INJUNCTION ORDER SUBMITTED BY THE PETITIONER ALONG WITH THE REPRESENTATION.

EXHIBIT R1(g) TRUE COPY OF THE STOP MEMO AND DEMOLITION ORDER ISSUED BY THE PANCHAYAT TO THE PANCHAYAT DEPUTY DIRECTION SUBMITTED BY THE PETITIONER ALONG WITH THE REPRESENTATION.

EXHIBIT R1(h) TRUE COPY OF THE COMMUNICATION ISSUED BY THE PANCHAYAT DATED 15/1/2019

EXHIBIT R(i) TRUE COPY OF THE REPORT SUBMITTED BY LSGD ENGINEER DATED 17/1/2019

EXHIBIT RI(j) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 16/1/2019

EXHIBIT R1(k) TRUE COPY OF THE OBJECTION SUBMITTED BY THE 2ND RESPONDENT DATED 5/2/2019

EXHIBIT R1(l) TRUE COPY OF THE NOTICE ISSUED BY THE PANCHAYAT TO THE 3RD RESPONDENT.

EXHIBIT R1(m) TRUE COPY OF THE REPLY SUBMITTED BY THE 3RD RESPONDENT DATED 28/01/2019

EXHIBIT R1(n) TRUE COPY OF THE COMMUNICATION SENT BY THE W. P. (C). Nos. 7430 & 14578 of 2019

PANCHAYAT TO THE REGIONAL JOINT DIRECTOR OF URBAN AFFAIRS DATED 18/3/2019

EXHIBIT R(o) TRUE COPY OF THE SHOW -CAUSE NOTICE DATED 8/2/2019 ISSUED BY THE PANCHAYAT TO THE 2ND RESPONDENT.

EXHIBIT R1(p) TRUE COPY OF THE OBJECTION SUBMITTED BY 2ND RESPONDENT DATED 20/2/2019.

EXHIBIT R1(q) TRUE COPY OF THE ORDER PASSED BY THE PANCHAYAT REVOKING EXCT.R1(c) BUILDING PERMIT DATED 22/2/2019

EXHIBIT R1(r) TRUE COPY OF THE COMMUNICATION ALONG WITH THE MEMO ISSUED BY THE PANCHAYAT DATED 20/2/2019

EXHIBIT R1(s) PHOTOGRAPH TAKEN BY THE RESPONDENT PANCHAYAT.

W. P. (C). Nos. 7430 & 14578 of 2019

APPENDIX OF WP(C) 14578/2019

PETITIONERS' EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 05.05.2016 ISSUED BY THE VILLAGE OFFICER, PERIYAR VILLAGE.

EXHIBIT P2 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 25.05.2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 29.04.2016 IN I.A.NO.453/2016 PASSED BY THE VACATION COURT OF THE DISTRICT JUDGE, THODUPUZHA TO MUNSIFF COURT, PEERUMEDU.

EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT AND PLAN ISSUED BY THE 1ST RESPONDENT DATED 14.08.2018.

EXHIBIT P5 TRUE COPY OF THE PLAINT OS NO.16/2019 FILED BY THE MUNSIFF COURT, PEERUMEDU DATED 22.01.2019 FILED BY THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE COMMISSION REPORT IN IA NO.49/2019 IN OS NO.16/2019 BEFORE THE MUNSIFF COURT, PEERUMEDU.

EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPHS SHOWING THAT SET BACK IS PROVIDED BETWEEN THE NEW CONSTRUCTION AND EASTERN BOUNDARY.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 21.01.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE WRITTEN REPLY SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 06.02.2019.

W. P. (C). Nos. 7430 & 14578 of 2019

EXHIBIT P10 TRUE COPY OF THE ORDER NO.A2-75/19 DATED 08.02.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE ORDER DATED 04.04.2019 IN WP(C)NO.7430/2019 PASSED BY THIS HONOURABLE COURT.

EXHIBIT P12 TRUE COPY OF ORDER NO.A2-75/19 DATED 22.02.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P13 TRUE COPY OF NOTICE NO.A2-2471/19 DATED 16.05.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P14 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 22.05.2019.

EXHIBIT P15 TRUE COPY OF REQUEST SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 22.05.2019 WITH ACKNOWLEDGMENT RECEIPT.

EXHIBIT P16 TRUE COPY OF THE MEMORANDUM OF APPEAL IN APPEAL NO.574 OF 2019 FILED BY THE PETITIIONER BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN KERALA

EXHIBIT P17 TRUE COPY OF THE STAY PETITION IN APPEAL NO.574 OF 2009 FILED BY THE PETITIONER BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN KERALA

EXHIBIT P18 TRUE COPY OF THE ORDER IN APPEAL NO.574/2019 DATED 16/8/2019 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTUIONS IN KERALA

RESPONDENT EXHIBITS

EXHIBIT R2(A): TRUE COPY OF THE COMMISSION RREPORT W. P. (C). Nos. 7430 & 14578 of 2019

EXHIBIT R2(B): PHOTOGRAPHS SHOWING METER AND THE DAMAGE CAUSED TO MY BUILDING

EXHIBIT R2(C): TRUE COPY OF THE EARLIER PLAN RECEIVED UNDER RIGHT TO INFORMATION ACT

EXHIBIT R2(D): TRUE COPY OF THE REPORT OF THE ASSISTANT ENGINEER

EXHIBIT R2(E): TRUE COPY OF THE FIR IN CRIME NO.67/2019 OF VANDIPERIYAR POLICE STATION.

EXHIBIT R(a): TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 07/08/2018 SUBMITTED BY THE PETITIONER.

EXHIBIT R(b): TRUE COPY OF THE POSSESSION CERTIFICATE DATED 03/08/2018 SUBMITTED BY THE PETITIONER.

EXHIBIT R(c): TRUE COPY OF THE REPRESENTATION SUBMITTED BY 2ND RESPONDENT DATED 07/01/2019.

EXHIBIT R(d): TRUE COPY OF THE INJUNCTION ORDER DATED 29/04/2016 SUBMITTED BY THE 2ND RESPONDENT ALONG WITH THE REPRESENTATION.

EXHIBIT R(e): TRUE COPY OF THE STOP MEMO AND DEMOLITION ORDER ISSUED BY THE PANCHAYAT TO THE PANCHAYAT DEPUTY DIRECTOR SUBMITTED BY THE PETITIONER ALONG WITH THE REPRESENTATION.

EXHIBIT R(f): TRUE COPY OF THE COMMUNICATION ISSUED BY THE PANCHAYATH DATED 15/01/2019.

EXHIBIT R(g): TRUE COPY OF THE REPORT SUBMITTED BY LSGD ENGINEER DATED 17/01/2019.

EXHIBIT R(h): TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND RESPONDENT DATED 16/01/2019. W. P. (C). Nos. 7430 & 14578 of 2019

EXHIBIT R(i): TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 05/02/2019.

EXHIBIT R(J): TRUE COPY OF THE NOTICE ISSUED BY THE PANCHAYAT TO THE SUPERVISOR RAJESH.P.J

EXHIBIT R(k): TRUE COPY OF THE REPLY SUBMITTED BY THE SUPERVISOR RAJESH P.J DATED 28/01/2019.

EXHIBIT R1(L): TRUE COPY OF THE COMMUNICATION SENT BY THE PANCHAYAT TO THE REGIONAL JOINT DIRECTOR OF URBAN AFFAIRS DATED 18/03/2019.

EXHIBIT R1(m): TRUE COPY OF THE SHOW-CAUSE NOTICE DATED 08/02/2019 ISSUED BY THE PANCHAYAT TO THE PETITIONER.

EXHIBIT R1(n): TRUE COPY OF THE OBJECTION SUBMITTED BY PETITIONER DATED 20/02/2019.

EXHIBIT R1(o): TRUE COPY OF THE ORDER PASSED BY THE PANCHAYAT REVOKING EXT.R1(c) BUILDING PERMIT DATED 22/02/2019.

EXHIBIT R1(p): TRUE COPY OF THE COMMUNICATION ALONG WITH THE MEMO ISSUED BY THE PANCHAYAT DATED 20/02/2019.