Kerala High Court
Velu Chamy vs Secretary To Government on 31 May, 2022
WP(C) NO. 6854 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 6854 OF 2022
PETITIONER/S:
1 VELU CHAMY,
AGED 51 YEARS
S/O. MUTHAYYA, SEVANMALLAY ESTATE, WARD NO.14,
PARVATHI DIVISION, MUNNAR P.O., IDUKKI DISTRICT-
685612.
2 A DHINAKARAN,
AGED 38 YEARS
S/O. ANTHONY CRUZE, NYMAKAD ESTATE, RAJAMALAI
DIVIAION, MUNNAR P.O., IDUKKI DISTRICT-685612.
BY ADVS.
M.P.MADHAVANKUTTY
MATHEW DEVASSI
ANANTHAKRISHNAN A. KARTHA
RESPONDENT/S:
1 SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE MUNNAR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, MOOLAKADAI, MUNNAR,
IDUKKI DISTRICT-685612.
3 THE SECRETARY,
MUNNAR GRAMA PANCHAYATH MOOLAKADAI, MUNNAR, IDUKKI
DISTRICT-685612.
4 MARIMUTHU,
S/O. KALIMUTHU, HARIBHAVAN, NEW COLONY, MUNNAR
WP(C) NO. 6854 OF 2022 2
P.O., IDUKKI DISTRICT-685612.
5 P. VENKITESWARAN,
S/O. PANDI, H. 8/133, ANAMUDI DIVISION, PERYAVARA
ESTATE, MUNNAR P.O., IDUKKI DISTRICT-685612.
6 PRAVEENA RAVIKUMAR,
HOUSE NO.18/346, ADAYAR NORTH DIVISION,
NALLATHANY, MUNNAR P.O., IDUKKI DISTRICT-685612.
7 MUTHAYYA,
S/O. IRULANDI, BHARATHI NIVAS, ANACHAL,
CHITHIRAPURAM P.O., PALLIVASAL VILLAGE, IDUKKI
DISTRICT-685565.
8 SENIOR MANAGER,
ENGINEERING DEPARTMENT, M/S. KDHP COMPANY, MUNNAR
P.O., IDUKKI DISTRICT-685612.
9 THE DISTRICT COLLECTOR,
KUYILIMALA, IDUKKI-685603.
10 THE TAHSILDAR,
DEVIKULAM, IDUKKI DISTRICT-685613.
11 THE VILLAGE OFFICER,
MUNNAR, IDUKKI DISTRICT-685612.
BY ADVS.
V.ABRAHAM MARKOS
ABRAHAM JOSEPH MARKOS
ISAAC THOMAS
P.G.CHANDAPILLAI ABRAHAM
ALEXANDER JOSEPH MARKOS
SHARAD JOSEPH KODANTHARA
SMT.DEEPA NARAYANAN, SR.GP, SRI.ARUN THOMAS, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 6854 OF 2022 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No. 6854 of 2022
--------------------------------------
Dated this the 31st day of May, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"i. To issue a writ of Mandamus or any other order or
direction to respondents 3,9, 10 and 11 to take appropriate
action to demolish the rooms which were illegally
constructed, without obtaining the required sanctions from
the authority.
ii. To issue a writ of Mandamus or any other order or
direction to the 8th respondent to restrain from supplying
electricity to the rooms occupied by respondents 4 to 7
which were constructed without proper building permit and
building number." [SIC]
2. It is the case of the petitioners that the 2 nd
respondent rented out three rooms to respondent Nos.4 to 7
and the rooms are constructed without obtaining NOC from
the revenue officials. It is also the case of the petitioners that
without building permits and without complying other legal
requirements, the rooms are constructed. Aggrieved by the
same, this writ petition is filed.
3. Heard the learned counsel for the petitioners and
the learned counsel appearing for the Panchayat. I also
heard the learned counsel appearing for the 8 th respondent
and the learned Government Pleader.
4. The main prayer in the writ petition is to issue
direction to respondent Nos. 3, 9, 10 and 11 to take
appropriate action to demolish the room, which according to
the petitioners is constructed illegally, without obtaining the
required sanction from the authority. This is a matter to be
considered by the competent authority among the
respondents after giving opportunity of hearing to the
petitioners, the Panchayat and other affected parties. The
petitioners can submit a representation narrating the
grievance raised in this writ petition before the 9 th
respondent and the 9th respondent will consider the same
and pass appropriate orders in it, after giving an opportunity
of hearing to the petitioners, the respondent Nos.2 and 3,
and other affected parties.
Therefore, this writ petition is disposed of with the
following directions :
1. The petitioners are free to file a representation
narrating the grievance raised in this writ petition
before the 9th respondent within two weeks from
the date of receipt of a copy of this judgment.
2. Once such a representation is received, the 9 th
respondent will consider the same and pass
appropriate orders in it, after giving an
opportunity of hearing to the petitioners, the
respondent Nos.2 and 3, and other affected parties
as expeditiously as possible, at any rate, within
three months from the date of receipt of the
representation.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 6854/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPLICATION SUBMITTED
TO THE SECOND RESPONDENT UNDER THE RIGHT
TO INFORMATION ACT, 2005 DATED
12/01/2022.
Exhibit P2 A TRUE COPY OF THE REPLY RECEIVED FROM
THE SECOND RESPONDENT DATED 05/02/2022
BEARING NO. A2-249/2022.
Exhibit P3 A TRUE COPY OF THE INTERIM ORDER DATED
21/01/2010 IN WPC NO. 3409/2009 AND WPC
NO. 1801/2010 PASSED BY THIS HON'BLE
COURT.
Exhibit P4 A TRUE COPY OF THE DECISIONS OF THE 2ND
RESPONDENT DATED 24/06/2020.
Exhibit P5 A TRUE COPY OF THE DECISIONS OF THE 2ND
RESPONDENT DATED 22/07/2020.
Exhibit P6 A TRUE COPY OF THE RENT DEED EXECUTED IN
FAVOUR OF 4TH RESPONDENT DATED
15/04/2021.
Exhibit P7 A TRUE COPY OF THE RENT DEED EXECUTED BY
THE SECOND RESPONDENT IN FAVOUR OF THE
5TH RESPONDENT DATED 29/06/2021.
Exhibit P8 A TRUE COPY OF THE DEED IN FAVOUR OF THE
6TH RESPONDENT DATED 04/0/2020.
