Jacob K.J vs Thalayolaparambu Grama ...
2023 Latest Caselaw 4778 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                       WP(C) NO. 37061 OF 2022
PETITIONERS:

     1     JACOB K.J.
           AGED 65 YEARS
           S/O. JOSEPH, KALAMPUKADU HOUSE, THALAYOLAPARAMBU KARA,
           VADAYAR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT.

     2     JAMES JACOB,
           AGED 58 YEARS
           S/O CHACKO, KALAYIL HOUSE, THALAYOLAPARAMBU KARA, VADAYAR
           VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT.

           BY ADV K.N.CHANDRABABU



RESPONDENTS:

     1     THALAYOLAPARAMBU GRAMA PANCHAYAT
           REP.BY ITS SECRETARY, VADAYAR, THALAYOLAPARAMBU P.O,
           KOTTAYAM DISTRICT, PIN-686605.

     2     THE TAHSILDAR (LAND RECORDS)
           VAIKOM TALUK, VAIKOM P.O, KOTTAYAM DISTRICT, PIN- 686608.

     3     THE ASSISTANT EXECUTIVE ENGINEER,
           P.W.D ROAD SECTION, KOTTAYAM, PIN -686001.

     4     THE ASSISTANT ENGINEER,
           P.W.D, ROAD SECTION, THALAYOLAPARAMBU,PIN- 686605.

     5     ANTONY MATHEW,
           AGED 37 YEARS, S/O LATE MATHEW, VADAKKE KOLLAMPARAMBIL,
           THALAYOLAPARAMBU KARA, VADAYAR VILLAGE, VAIKOM TALUK,
           KOTTAYAM DISTRICT, PIN-686605.

           BY ADVS.
           SHRI.ATHUL SHAJI, SC, THALAYOLAPARAMBU GRAMA PANCHAYAT
           ADVOCATE GENERAL OFFICE KERALA
 W.P.(C).No.37061 of 2022      2

          VARGHESE C.KURIAKOSE
          SUSANTH SHAJI(K/1566/2018)
          ALBIN A. JOSEPH(K/1299/2020)
          AMRITHA.J(K/552/2020)
          ATHUL SHAJI



OTHER PRESENT:

          GP-SRI.SYAMANTHAK B.S.




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.37061 of 2022             3

                     VIJU ABRAHAM,J
                -----------------------
               W.P.(C).No.37061 of 2022
        -------------------------------------
        Dated this the 13th day of March, 2023

                            JUDGMENT

Above writ petition is filed seeking a

direction to the 1st respondent to take action

against the 5th respondent on the basis of Ext.P3

complaint.

2. The learned counsel for the 5th respondent

would submit that he has already preferred a

petition before the respondent Panchayat for

granting occupancy certificate and numbering the

building. The learned counsel for the respondent

Panchayat submits that the same is pending

consideration. The petitioners submit that the 5th

respondent has encroached upon a Panchayat road

and further that there is no sufficient set back

provided to the said building. Petitioners further

submit that they have preferred Ext.P18

representation before the respondent Panchayat

pointing out the violations committed by the 5 th

respondent. Petitioners also submit that they may

also be heard while considering the application

submitted by the 5th respondent for occupancy

certificate as well as numbering the building.

Therefore, there will be a direction to the 1 st

respondent Panchayat to consider the application

submitted by the 5th respondent for occupancy

certificate and numbering the building after

affording an opportunity of being heard to the 5th

respondent as well as the petitioners herein. The

petitioners as well as the 5th respondent shall

appear before the 1st respondent on 20.4.2023 and

a decision shall be taken within a further period

of 10 days thereafter.

The above Writ Petition is disposed of

accordingly.

sd/-

VIJU ABRAHAM, JUDGE pm

APPENDIX OF WP(C) 37061/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RELEVANT PAGE OF THE ASSET REGISTER OF THE THALAYOLAPARAMBU GRAMA PANCHAYAT.

Exhibit P2 A TRUE COPY OF THE COMPLAINT DATED 17.09.22 PREFERRED BEFORE THE TAHSILDAR, (LAND RECORDS), VAIKOM.

Exhibit P3 A TRUE COPY OF THE COMPLAINT DATED 15.09.22 PREFERRED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT .

Exhibit P4 A TRUE COPY OF THE NOTES OF THE ASST.

ENGINEER SHOWING THE DEVIATION/ VIOLATION OF CONSTRUCTION MADE BY THE 5TH RESPONDENT AGAINST THE RULES OF THE KERALA PANCHAYAT BUILDING RULES

Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED 27.08.2022 PREFERRED BY THE USERS OF THE A.J.JOHN- KALAMBUKATTIL ROAD.

Exhibit P6 A TRUE COPY OF THE NOTICE NO.400473/AMRD05/GPO/2022/2153(1) DATED 24.08.22 ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT.

Exhibit P7 A TRUE COPY OF THE COMPLAINT DATED 01.11.22 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.

Exhibit P8 A TRUE COPY OF THE COMMUNICATION NO.

T06/09 DATED 13.10.22 ISSUED BY THE ASSISTANT ENGINEER, PWD TO THE TAHSILDAR (LR) TO FIX THE BOUNDARY OF THE PWD ROAD.

Exhibit P9 A TRUE COPY OF THE COMMUNICATION NO.

T06/09 DATED 15.10.22 ISSUED BY THE

ASST. ENGINEER TO THE 5TH RESPONDENT.

RESPONDENT EXHIBITS

Exhibit R5(a) True copy of the settlement deed No.1712/2006 SRO Thalayolaparambu

PETITIONER EXHIBITS

Exhibit P10 A TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 249 OF KERALA PANCHAYAT RAJ ACT, TO THE 1ST RESPONDENT THROUGH THE LAWYER OF THE PETITIONERS.

RESPONDENT EXHIBITS

Exhibit R5(b) True copy of the measurement book sheets pertaining to the concreting work

Exhibit R5(c) True copy of the application dated 17.10.2022 for numbering the building submitted before panchayat

Exhibit R5(d) True copy of the reply dated 19.09.2022 issued by the panchayat to Mathew P Paul

Exhibit R5(e) True copy of the plaint in O.S.No.197/2022 dated 29.10.2022 on the files of Munsiff's court, Vaikom.

Exhibit R5(g) True copy of the sketch prepared by the Taluk Surveyor on 16.11.2022

Exhibit R5(f) True copy of the decision taken by the panchayat in adalath

Exhibit R5(h) True copy of the verification report dated 28.10.2022 submitted by the Asst Engineer, LSGD section counter signed by the section clerk on 29.10.2022

Exhibit R5(i) True copy of the calculation statement

for admitting tolerance

Exhibit R5(j) True copy of the plaint in O.S.No.202/2022 dated 02.11.2022 filed by this respondent before Munsiff's court Vaikom

PETITIONER EXHIBITS

Exibit P12 The true copy of FMB of Block No.19 showing the side measurement of the. property of the 5th respondent comprised in Re-Sy. No. 378/3

Exhibit P11 A true copy of the relevant page of Volume 11 of Part III Kerala Gazette, Revenue Department ` dated 26.04.2022 publishing notification No. D1-2046/2012 dated 31.03.2022

Exhibit P16 The true copy of the photograph showing the construction of gratings and encroachment made in the PWD Road situated on the western side of the property of the 5th respondent.

Exhibit P15 A true copy of the photograph of rear side godown constructed the 5th respondent

Exhibit P14 The true copy of the photograph showing the barbed wire fencing made on the western boundary of AJ John - Kalambukad road

Exhibit P13 A true copy of the photograph showing the Kayyala situated in AJ John - Kalambukad road.

RESPONDENT EXHIBITS

Exhibit P13 A true Photostat copy of the site -6 plan obtained under the right to

information Act

Exhibit R5(k) TRUE PHOTOSTAT COPY OF REPLY DATED 03.02.2023 GIVEN BY TAHSILDAR (LAND RECORDS) TO THE PETITIONER

PETITIONER EXHIBITS

Exhibit P18 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER DATED NIL TO THE 1ST RESPONDENT

Exhibit P19 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 04.04.2023 ISSUED FROM THE FRONT OFFICE OF THE 1ST RESPONDENT TO THE 2ND PETITIONER