Sudharman. S vs State Of Kerala
2023 Latest Caselaw 1175 Ker

WP(C) NO. 31970 OF 2013            1




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                          WP(C) NO. 31970 OF 2013
PETITIONER/S:

               SUDHARMAN. S
               LATE SOMAN, REP. BY POWER OF ATTORNEY SMT.
               VALSALA.J, AGED 51, W/O. SUDHARMAN, AKHILA NIVAS,
               MUKKOLA, KALLAYAM.P.O., THIRUVANANTHAPURAM-44.

              BY ADVS.
              SRI.NAGARAJ NARAYANAN
              SRI. VIVEK K.KAKKANKERI
              SRI.BENOJ C AUGUSTIN
              SMT.J.KASTHURI
              SRI.PRATHAP PILLAI
              SRI.SAIJO HASSAN
              SRI.SEBIN THOMAS



RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF
               LOCAL SELF GOVERNMENT OF KERALA, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM.

      2        TOWN PLANNER
               TOWN AND COUNTRY PLANNING DEPARTMENT, GOVERNMENT OF
               KERALA, REGIONAL TOWN PLANNING OFFICE, NEAR AKG
               CENTRE, THIRUVANANTHAPURAM.

      3        KARAKULAM GRAMA PANCHAYATH
               REP. BY ITS SECRETARY, KARAKULAM.P.O.,
               THIRUVANANTHAPURAM-44.

      4        SATHEESAN.B.
               CHARUVILAKATHU VEEDU, MUKKOLA, KALLAYAM.P.O.,
 WP(C) NO. 31970 OF 2013                 2




               THIRUVANANTHAPURAM-44.

      5        ANITHA
               W/O. SATHEESAN.B.,CHARUVILAKATHU VEEDU, MUKKOLA,
               KALLAYAM.P.O., THIRUVANANTHAPURAM-44.

      6        SWAYAM PRABHA.S.
               CHARUVILAKATHU VEEDU, MUKKOLA, KALLAYAM.P.O.,
               THIRUVANANTHAPURAM-44.

      7        SURESH.S.
               SAJANA BHAVAN, MUKKOLA, KALLAYAM.P.O.,
               THIRUVANANTHAPURAM-44.

      8        CHANDRAN.V.
               GRACE QUARTERS, MUKKOLA, KALLAYAM.P.O.,
               THIRUVANANTHAPURAM-44.

      9        SANJEEV @ THAMPI.S.
               CHARUVILAKATHU VEEDU,MUKKOLA, KALLAYAM.P.O.,
               THIRUVANANTHAPURAM-44.

      10       GIRIJA.S.
               RENJITH BHAVAN, MUKKOLA, KALLAYAM.P.O.,
               THIRUVANANTHAPURAM-44.

              BY ADVS.
              SRI.P.BIJIMON
              SRI.DDIPU
              SRI.R.T.PRADEEP, R4 TO R10
              SRI.THIRUMALA P.K.MANI



OTHER PRESENT:

              SRI.K.M.FAISAL, GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   18.01.2023,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 31970 OF 2013               3




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                     W.P.(C) No. 31970 of 2022
                    --------------------------------------
              Dated this the 18th day of January, 2023


                                JUDGMENT

The above writ petition is filed with following prayers :

1) "Issue a writ of mandamus or any other appropriate writ, direction or order, directing the 3rd respondent to furnish a report under Rule 148 of the Kerala Panchayath Building Rules so as to initiate action under Rule 20 (5) and 20 (6) of the Kerala Panchayath Building Rules against the unauthorized construction of respondents 4 to 10 within a time frame to be fixed by this Honourable Court.

2) Issue a writ of mandamus or any other appropriate writ, direction or order, directing respondents 1 and 2 to take action under Rules 20(5) and 20(6) of the Kerala Panchayath Building Rules against the illegal constructions of respondents 4 to 10 within a time frame to be fixed by this Honourable Court.

3) Issue such other reliefs as this Honourable Court may deem fit and proper in the circumstances of this case." [SIC]

2. This writ petition is pending before this Court from

2013 onwards. According to the petitioner, there is

unauthorised construction by respondent Nos. 4 to 10 and no

action is taken by the 3rd respondent. Since this writ petition is

pending before this Court from 2013 onwards, no order can be

passed at this distance of time. If there is any surviving

grievance to the petitioner, the petitioner is free to approach

the 3rd respondent with appropriate representation and if any

such representation is received, the 3 rd respondent will give

notice to the petitioner and respondent Nos. 4 to 10 and take

appropriate steps in accordance to law.

With the above observation, this writ petition is closed.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 31970/2013

PETITIONER EXHIBITS

P1. TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER IN FAVOUR OF HIS WIFE DATED 29-8-2013.

P2. TRUE COPY OF THE REPRESENTATION DATED 6-3-2013.

P3. TRUE COPY OF THE PETITION DATED 19-3- 2013 FILED BY SUSHEESH KUMAR.

P4. TRUE COPY OF THE INFORMATION FURNISHED PURSUANT TO EXT. P3 VIDE LETTER DATED 15- 4-2013.

P5. TRUE COPY OF THE ORDER DATED 4-6-2013 OF THE HONOURABLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

P6. TRUE COPY OF THE REPRESENTATION DATED 29-6-2013 BEFORE THE TOWN PLANNER REGIONAL TOWN PLANNING OFFICE.

P7. TRUE COPY OF THE LETTER DATED 3-8-2013 ISSUED BY THE TOWN PLANNER , REGIONAL TOWN PLANNING OFFICE.