Vinod Mathew vs Vijayakumari Jayakumar
2023 Latest Caselaw 4659 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                      WA NO. 747 OF 2023
 AGAINST THE JUDGMENT DATED 23.3.2023 IN WP(C) 6491/2023


APPELLANTS/PETITIONERS:

    1      ARUN THOMAS, AGED 31 YEARS,
           S/O.THOMAS, CHETTAYIL HOUSE, KALTHOTTY P.O.,
           IDUKKI DISTRICT, PIN - 685507.
    2      ANOOP THOMAS, S/O.THOMAS, CHETTAYIL HOUSE,
           KALTHOTTY PO, IDUKKI DISTRICT, PIN - 685507
    3      HIMA ANNA THOMAS, W/O. ANOOP THOMAS, CHETTAYIL
           HOUSE, KALTHOTTY P.O., IDUKKI DISTRICT,
           PIN - 685507.
    4      RENI VINOD, W/O. VINOD MATHEW, CHETTAYIL HOUSE,
           KALTHOTTY P.O., IDUKKI DISTRICT, PIN - 685507.
           BY ADVS.
           C.K.PAVITHRAN
           NEENU PAVITHRAN
           K.BAIJU


RESPONDENTS/RESPONDENTS IN THE WRIT PETITION:

    1      KANCHIYAR GRAMA PANCHAYATH
           REPRESENTED BY ITS SECRETARY, KANCHIYAR
           GRAMAPANCHAYAT, KANCHIYAR P.O., IDUKKI,
           PIN - 685511.
    2      THE SECRETARY, KANCHIYAR GRAMAPANCHAYAT,
           KANCHIYAR P.O., IDUKKI, PIN - 685511.
           BY ADV. JOMY K. JOSE, SC, KANCHIYAR GRAMA
           PANCHAYATH


THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12.04.2023 ALONG WITH W.A.NO.767/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                 &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                       WA NO.767 OF 2023
        AGAINST THE JUDGMENT DATED 23.03.2023 IN WP(C)
                          NO.4329/2023
APPELLANTS/RESPONDENTS 7 TO 11:

    1       VINOD MATHEW, AGED 34 YEARS,
            S/O. MATHEW , CHETTAYIL HOUSE,
            KALTHOTTY PO, IDUKKI DISTRICT,
            PIN - 685507.
    2       RANI VINOD, W/O. VINOD MATHEW, CHETTAYIL HOUSE,
            KALTHOTTY P.O., IDUKKI DISTRICT, PIN - 685507.
    3       ANOOP THOMAS, S/O.THOMAS, CHETTAYIL HOUSE,
            KALTHOTTY PO, IDUKKI DISTRICT, PIN - 685507.
    4       HIMA ANNA THOMAS, W/O.ANOOP THOMAS,
            CHETTAYIL HOUSE, KALTHOTTY PO, IDUKKI DISTRICT,
            PIN - 685507.
    5       ARUN THOMAS, S/O.THOMAS, CHETTAYIL HOUSE,
            KALTHOTTY P.O., IDUKKI DISTRICT, PIN - 685507.
            BY ADVS.
            C.K.PAVITHRAN
            NEENU PAVITHRAN
            K.BAIJU


RESPONDENTS/PETITIONER AND RESPONDENTS IN THE WRIT
PETITION:

    1       VIJAYAKUMARI JAYAKUMAR, AGED 53 YEARS,
            W/O.JAYAKUMAR, SREEVILASAM HOUSE,
            KALTHOTTY P.O., IDUKKI, PIN - 685507.
    2       STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
            GOVERNMENT,REVENUE DEPARTMENT, GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
    3       THE DISTRICT COLLECTOR, IDDUKI, COLLECTORATE,
            KUYILIMALA, PAINAVU P.O., IDUKKI, PIN - 685603.
 W.A.Nos.747 & 767/2023       3


     4     THE TAHSILDAR, TALUK OFFICE, PAINAVU, IDUKKI,
           PIN - 685603.
     5     THE VILLAGE OFFICER, KANCHIYAR VILLAGE,
           LEBBAKADA, KANCHIYAR, IDUKKI, PIN - 685511.
     6     KANCHIYAR GRAMA PANCHAYATH, LEBBAKKADA ,
           KANCHIYAR P.O., REPRESENTED BY ITS SECRETARY,
           IDUKKI, PIN - 685511.
     7     THE SECRETARY, KANCHIYAR GRAMAPANCHAYAT,
           LEBBAKKADA, KANCHIYAR PO, IDUKKI, PIN - 685511
           BY ADV. SHRI.JOMY K. JOSE, SC, VANDANMEDU GRAMA
           PANCHAYAT
           BY ADV.S.SUNIL KUMAR(PALAKKAD)
           BY SENIOR GOVERNMENT PLEADER, SRI.B.UNNIKRISHNA
           KAIMAL


THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12.04.2023 ALONG WITH W.A.NO.747/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.A.Nos.747 & 767/2023                4


                                JUDGMENT

[W.A.Nos.747/2023 & 767/2023]

A.Muhamed Mustaque, J.

These matters are directed against the

judgment of the learned Single Judge. The

appellants have constructed a building and have

applied for an Occupancy Certificate. Objections

have been raised by the private parties. The

learned Single Judge directed consideration of

the application for an Occupancy Certificate

after hearing the objections. No doubt, the

Secretary of the Panchayath has to confine his

enquiry to the parameters relating to grant of

Occupancy Certificate and cannot go beyond such

authority, to decide any other issues.

2. The learned counsel for the Panchayath

submits that the Panchayath has already issued a

notice and orders will be passed after hearing

both sides.

3. In such circumstances, we find no reason

to interfere with the matter. It is made clear

that the Panchayath cannot go over the legality

of the assignment etc. in such an enquiry.

The writ appeals are disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

SHOBA ANNAMMA EAPEN JUDGE ln