Kerala High Court
Varghese Thomman vs Mundakayam Grama Panchayat on 8 December, 2023
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
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. 40940 OF 2023
PETITIONER:
VARGHESE THOMMAN
AGED 58 YEARS
AMBATTU, HOUSE,
VANDANPATHAL R.P.C.P.O,
ERUMELI NORTH, KERALA-, PIN - 686513
BY ADV S.SABARINADH
RESPONDENTS:
1 MUNDAKAYAM GRAMA PANCHAYAT
REPRESENTED THROUGH ITS SECRETARY,
MUNDAKAYAM P.O, MUNDAKAYAM,
KOTTAYAM-, PIN - 686513
2 THE SECRETARY
MUNDAKAYAM GRAMA PANCHAYATH,
MUNDAKAYAM P.O, MUNDAKAYAM,
KOTTAYAM-, PIN - 686513
BY ADV.
CHITHRA CHANDRASEKHRAN
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.40940 of 2023
-:2:-
BECHU KURIAN THOMAS, J.
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W.P.(C).No.40940 of 2023
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Dated this the 8th day of December, 2023
JUDGMENT
The limited relief sought for by the petitioner is for a direction to
consider Exts. P4 , P5, P6 and P7 applications.
2. Petitioner alleges that he had renovated a compound wall
without obtaining a building permit, pursuant to which the Panchayat
has initiated action as per Exts.P2 and P3 notices. Immediately on
being served with the said notices, petitioner applied for regularisation
of the construction, which is pending consideration.
3. The learned Standing Counsel for the respondents on the
other hand submitted that what has been constructed by the petitioner
is not a compound wall but a building. It was also submitted that while
the construction was going on, the Secretary of the Panchayat had
inspected the site and directed the petitioner not to carry on the illegal
construction. However, taking law into his hands, petitioner allegedly
completed the construction of the building overnight and has now
submitted an application for regularisation, purporting the construction
to be only a compound wall.
4. Having considered the rival contentions, I am of the view that,
since the application for regularisation submitted by the petitioner as
Ext.P6 is pending consideration and the same being a statutory
application, necessarily a decision has to be taken by the 2 nd
respondent on the said application. The nature of construction is a
matter which can be reckoned while considering the said application.
However, that is not a reason for refusing to take a decision on the said
application.
5. In the above circumstances, there will be a direction to the 2 nd
respondent to consider and pass appropriate orders on the application
for regularisation submitted by the petitioner as Ext.P6, as
expeditiously as possible, at any rate within a period of 30 days from
the date of receipt of a copy of this judgment, after granting an
opportunity of hearing to the petitioner. Needless to mention, till a
decision is taken the order of demolition issued as Ext.P3 shall be kept
in abeyance.
Writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/08.12.23.
APPENDIX OF WP(C) 40940/2023
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE TAX RECEIPT
DATED 05.12.2023 OF 4.39 ARES PROPERTY
SITUATED IN SURVEY NO. 209/9 & 10 OF
ERUMELI NORTH VILLAGE.
Exhibit P2 A TRUE PHOTOCOPY OF THE NOTICE DATED
11.10.2023 ISSUED BY THE SECRETARY,
MUNDAKAYAM GRAMA PANCHAYATH TO THE
PETITIONER.
Exhibit P3 A TRUE PHOTOCOPY OF THE COMMUNICATION BY
NO.400530/AMRD09/GENERAL/2023/6401/(1)
DATED 28.11.2023 ISSUED BY THE
SECRETARY, MUNDAKAYAM GRAMA PANCHAYATH
TO THE PETITIONER.
Exhibit P4 A TRUE PHOTOCOPY OF THE REQUEST LETTER
DATED 30.11.2023 ALONG WITH ITS RECEIPT
BEFORE THE SECRETARY, MUNDAKAYAM GRAMA
PANCHAYATH.
Exhibit P5 A TRUE PHOTOCOPY OF THE OBJECTION DATED
04.12.2023 SUBMITTED BY THE PETITIONER
BEFORE THE SECRETARY, MUNDAKAYAM GRAMA
PANCHAYATH.
Exhibit P6 A TRUE PHOTOCOPY OF THE REGULARISATION
APPLICATION DATED 02.12.2023 SUBMITTED
BY THE PETITIONER BEFORE THE SECRETARY,
MUNDAKAYAM GRAMA PANCHAYATH.
Exhibit P7 A TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 04.12.2023 SUBMITTED BY THE
PETITIONER BEFORE THE SECRETARY OF
MUNDAKAYAM GRAMA PANCHAYATH.
Exhibit P8 A TRUE PHOTOCOPY OF THE POSTAL RECEIPTS
DATED 04.12.2023 EVIDENCING THE DESPATCH
OF EXHIBIT P5 TO P7 OVER REGISTERED
POST.
