Kerala High Court
Abhilash T.S vs Karoor Grama Panchayat on 26 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 14591 OF 2022
PETITIONERS:
1 ABHILASH T.S.
AGED 40 YEARS
S/O.T.R.SOMAN, THAKIDIYEL HOUSE,
KEZHUVAMKULAM P.O., KOTTAYAM - 686 584.
2 SREEJITH RAVEENDRAN
AGED 33 YEARS
S/O.RAVEENDRAN, ARIPPARAYIL HOUSE,
EDAPADI P.O., KOTTAYAM - 686 578.
3 SHAJU KURIAKOSE
AGED 51 YEARS
S/O.KURIAKOSE, MURIMATTATHIL HOUSE,
MUNDAKKAL P.O., PAYAPPAR,
KOTTAYAM - 686 574.
BY ADV CHITHRA CHANDRASEKHARAN
RESPONDENTS:
1 KAROOR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY,
OFFICE OF THE KAROOR GRAMA PANCHAYATH,
PONAD KAROOR P.O., VIA PALA, KOTTAYAM - 686 574.
2 SECRETARY
KAROOR GRAMA PANCHAYAT,
OFFICE OF THE KAROOR GRAMA PANCHAYATH,
PONAD KAROOR P.O., VIA PALA, KOTTAYAM - 686 574.
3 VILLAGE OFFICER
LALAM VILLAGE OFFICE, PM7M+VG7,
PALA, KOTTAYAM - 686 575.
BY ADV SHRI.SUNIL CYRIAC, SC,KAROOR G.PANCHAYAT
SRI. B.S. SYAMANTHAK, GP,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2022, ALONG WITH WP(C).14871/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)Nos.14591 & 14871 of 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 14871 OF 2022
PETITIONERS:
1 SRI.ABHILASH T.S.
AGED 40 YEARS
S/O T. R. SOMAN,THAKIDIYEL HOUSE ,
KEZHUVAMKULAM P. O,
KOTTAYAM PIN - 686 584
2 SRI.SREEJITH RAVEENDRAN
AGED 33 YEARS
S/O RAVEENDRAN,
ARIPPARAYIL HOUSE,EDAPADI P. O.KOTTAYAM PIN - 686 578
3 SRI.SHAJU KURIAKOSE
AGED 51 YEARS
S/O KURIAKOSE, MURIMATTATHIL HOUSE,
MUNDAKKAL P. O, PAYAPPAR, KOTTAYAM PIN - 686 574
BY ADVS.
P.MARTIN JOSE
CHITHRA CHANDRASEKHARAN
AJAY BEN JOSE
RESPONDENTS:
1 THE GEOLOGIST,
GEOLOGY DEPARTMENT,
DISTRICT OFFICE, KOTTAYAM PIN - 686 002
2 THE SECRETARY.
KAROOR GRAMA PANCHAYAT,
OFFICE OF THE KAROOR GRAMA PANCHAYATH,
PONAD KAROOR P.O. VIA PALA, KOTTAYAM,PIN - 686 574
BY ADV SHRI.SUNIL CYRIAC, SC,KAROOR G.PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2022, ALONG
WITH WP(C).14591/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)Nos.14591 & 14871 of 2022
3
T.R.RAVI, J.
----------------------------------------
WP(C) NO.14591 OF 2022 &
WP(C) NO.14871 OF 2022
-------------------------------------------
Dated this the 26th .day of May, 2022
JUDGMENT
Both these writ petitions are filed by the same petitioner
and relate to revocation of the building permit granted to the
petitioner at the stage of issuance of transit pass for removal of
ordinary earth and rock for the purpose of construction. The
writ petitions are hence heard and disposed of together.
2. The petitioner was issued with a building permit on
15.11.2021. The requirement of removal of earth and rocks has
been specifically stated in the building plan which was
approved by the Panchayat. It appears that thereafter the
Geologist has addressed a communication to the Secretary of
the Panchayat on 11.04.2022 wherein it is stated that on
inspection of the site, it is seen that more earth and rocks have
to be removed than what has been permitted, likely to create
an environment similar to quarrying, and it will hence not be
advisable to remove the earth. Based on the communication, it
WP(C)Nos.14591 & 14871 of 2022
is submitted that the Panchayat who is the 1 st respondent in
WP(C).14591 of 2022 has issued Ext.P5 order revoking the
permit. The petitioner has challenged the order dated
18.04.2022 revoking the permit as well as the communication
issued by the Geologist dated 11.04.2022.
3. The Senior Counsel appearing for the petitioners
contends that the District Geologist has no authority to sit in
appeal over a building permit which has been granted and all
that can be done by the District Geologist is to inform the
District Disaster Management Authority who may consider the
issue. Reliance is placed on the judgment dated 17.11.2021 of
this Court in WP(C)No.22161 of 2021. It is also pointed out that
the order dated 18.04.2022 produced as Ext.P5 in WP(C)No.
14591 of 2022 was issued without any notice to the petitioner
and even if the Panchayat is invoking the power available
under Rule 16, notice necessarily has to be issued. The counsel
for the Panchayat fairly admits that no notice has been issued
before revoking the permit and suggests that Ext.P5 order
dated 18.04.2022 may be treated as suspension of the permit
and the question of revocation can be re-considered after
WP(C)Nos.14591 & 14871 of 2022
putting the petitioner on notice.
4. Having heard the counsel on either side, this Court is
of the opinion that Ext.P5 order is not sustainable in law. The
writ petitions are allowed. Ext.P5 order produced in
WP(C)No.14591 of 2022 is quashed. The Panchayat, if they are
so advised, is at liberty to invoke their power under Rule 16 of
the Kerala Panchayat Building Rules, 2019 to suspend or
revoke the permit in accordance with the provisions contained
therein. While considering the communication dated
11.04.2022 which has been produced as Ext.P6 in
WP(C)No.14871/2022, the Secretary shall bear in mind the
decision of this Court in Aleyakutty Joseph v. Kozhuvanal
Grama Panchayat in WP(C)No.22161 of 2021, regarding
the power of the Geologist to sit in appeal over a Building
Permit granted. Any such action, if proposed, shall necessarily
be with notice to the petitioner.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C)Nos.14591 & 14871 of 2022
APPENDIX OF WP(C) 14591/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONERS ON 18/04/2022.
Exhibit P2 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONERS ON
19/04/2022.
Exhibit P3 TRUE COPY OF THE SITE PLAN ISSUED BY THE 3RD
RESPONDENT TO THE PETITIONERS ON 18/04/2022.
Exhibit P4 TRUE COPY OF THE BUILDING PERMIT WITH
APPROVED DEVELOPMENT PLAN ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONERS ON 15/11/2021.
Exhibit P5 TRUE COPY OF THE ORDER NO.A6-3797/2021 ISSUED
BY THE 2ND RESPONDENT TO 1ST PETITIONER ON
18/04/2022.
Exhibit P6 TRUE COPY OF THE APPLICATION UNDER RTI ACT
SUBMITTED BEFORE THE 1ST RESPONDENT PANCHAYAT
ON 23/04/2022 BY THE 1ST PETITIONER.
Exhibit P7 TRUE COPY OF THE RECEIPT ISSUED FROM THE
OFFICE OF THE 1ST RESPONDENT PANCHAYAT ON
23/04/2022 TO THE 1ST PETITIONER.
RESPONDENT'S EXHIBITS : NIL
WP(C)Nos.14591 & 14871 of 2022
APPENDIX OF WP(C) 14871/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE VILLAGE OFFICER, LALAM VILLAGE
TO THE PETITIONERS ON 18/04/2022.
Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT FOR THE
PERIOD 2022 - 2023 DATED 19-04-2022
Exhibit P3 TRUE COPY OF THE SITE PLAN ISSUED BY THE
VILLAGE OFFICER, LALAM VILLAGE TO THE
PETITIONERS ON 18/04/2022.
Exhibit P4 TRUE COPY OF THE BUILDING PERMIT WITH
APPROVED DEVELOPMENT PLAN ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONERS ON 15-11-2021.
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT TO THE 1ST PETITIONER ON
18/04/2022.
Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED 11-04-2022
OF THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF ORDER DATED 28-12-2019 OF THE
1ST RESPONDENT
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
