Sheena Mol vs The Secretary, Maravanthuruth Grama ...
2023 Latest Caselaw 12763 Ker

Citation : 2023 Latest Caselaw 12763 Ker
Judgement Date : 8 December, 2023

Kerala High Court

Sheena Mol vs The Secretary, Maravanthuruth Grama ... on 8 December, 2023

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

W.P(C)No.41119 of 2023
                                           1

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
       FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                              WP(C) NO.41149 OF 2023
PETITIONER:

              SHEENA MOL,
              AGED 46 YEARS
              D/O.KUTTAN, THUNDATHIL HOUSE, KULASEKHARAMANGALAM.P.O,
              KULASEKHARAMANGALAM VILLAGE, VAIKOM TALUK,
              KOTTAYAM DISTRICT, PIN - 686608
              BY ADVS.
              S.SUDHISH KUMAR
              K.B.DAYAL
              SIBI KARUN
              REMYA MURALI
              GOPIKA.N.NAIR
              HARIKRISHNA DAYAL K.


RESPONDENTS:

      1       THE SECRETARY, MARAVANTHURUTH GRAMA PANCHAYAT
              MARAVANTHURUTH.P.O, VAIKOM TALUK, KOTTAYAM DISTRICT,
              PIN - 686608
      2       THE MARAVANTHURUTH GRAMA PANCHAYAT
              REPRESENTED BY THE SECRETARY, MARAVANTHURUTH.P.O,
              VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686608
      3       SULOCHANA AMMA,
              PARAKKURA HOUSE, KULASEKHARAMANGALAM KARA,
              MARAVANTHURUTH GRAMA PANCHAYAT, KULASEKHARAMANGALAM KARA,
              KULASEKHARAMANGALAM.P.O, KULASEKHARAMANGALAM VILLAGE,
              VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686608


              BY SRI.K.MOHANAKANNAN, SC


      THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C)No.41119 of 2023
                                             2

                        BECHU KURIAN THOMAS, J.
                  ========================
                         W.P.(C)No.41149 of 2023
                  ------------------------------------------------
                         Dated this the 8th day of December 2023


                                      JUDGMENT

Alleging that petitioner has made unauthorised constructions without

obtaining any permit, the 1st respondent has issued an order directing the

petitioner to stop the construction activities.

2. Sri.Sudhish Kumar S., learned Counsel for the petitioner

contended that the property of the petitioner is having an extent of 2 cents

and that petitioner had obtained a building permit, copy of which is produced

as Ext.P5 and therefore, the allegations in Ext.P9 order, is without any basis.

3. Sri.K.Mohanakannan, learned Standing Counsel on the other

pointed out that the building permit produced as Ext.P5 refers to Building

No.1/241 and further that the date mentioned in the said permit is

12.10.2007, while Ext.P9 refers to the present unauthorised activities.

4. Having considered the aforesaid circumstances, I find force in the

submission of the learned Standing Counsel for the Panchayat that the

building permit dated 12.10.2007 cannot confer any right upon the petitioner

to carry out constructions in 2023. However, since Ext.P9 is only a stop

memo, petitioner certainly has a remedy of filing an objection to the same

and satisfying the 1st respondent about the existence of a valid building

permit entitling him to construct. Therefore, the petitioner ought be given an

opportunity to file his objection and seek revocation of the stop memo, if he

is legally entitled to construct.

5. Therefore, if the petitioner files any objection to Ext.P9 stop

memo within 15 days from today, necessarily, the 1 st respondent shall

consider the same after granting an opporunity of hearing and pass

appropriate orders on the said objection within 30 days thereafter. Till then

Ext.P9 stop memo will continue to remain in force until modified by any

further orders. Before passing appropriate orders as directed, necessarily, the

3rd respondent, who is the complainant, shall also be issued with notice and

be heard on the issue.

The writ petition is disposed of accordingly.

Sd/-

BECHU KURIAN THOMAS JUDGE jm/

APPENDIX OF WP(C) 41149/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE SALE DEED BEARING NO.2852/2005 DATED 28.11.2005 OF SRO, VAIKOM, BY WHICH THE PETITIONER PURCHASED THE PROPERTY Exhibit P2 A TRUE COPY OF TAX RECEIPT NO.3805657 DATED 23.07.2015 ISSUED BY THE KULASEKHARAMANGALAM VILLAGE, TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED FROM THE VILLAGE OFFICER, KULASEKHARAMANGALAM DATED 27.03.2008 TO THE PETITIONER Exhibit P4 A TRUE COPY OF THE DEVELOPMENT PERMIT IN APPENDIX-B DATED 12.10.2007 ISSUED BY THE MARAVANTHURUTH GRAMA PANCHAYAT TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE RESIDENTIAL BUILDING PERMIT NO.24/07-08 IN APPENDIX-C DATED 12.10.2007 ISSUED BY THE MARAVANTHURUTH GRAMA PANCHAYAT TO THE PETITIONER Exhibit P 6 A TRUE COPY OF THE SALE DEED BEARING NO.2570/2005 DATED 20.10.2005 OF SRO, VAIKOM, BY WHICH THE PETITIONER'S PREDECESSOR THANKAPPAN HAD PURCHASED THE PROPERTY Exhibit P7 A TRUE COPY OF THE PURCHASE CERTIFICATE ISSUED BY THE LAND TRIBUNAL, KOTTAYAM, DATED 05.04.2000, Exhibit P 8 A TRUE COPY OF THE ORDER DATED 27.02.2015 OF THE APPELLATE AUTHORITY (LAND REFORMS), ALAPPUZHA, CANCELLING EXT.P7 PURCHASE CERTIFICATE Exhibit P9 A TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT DATED 20.11.2023 TO THE PETITIONER .