Kerala High Court
Vijayakumari Jayakuamr vs State Of Kerala on 23 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
WP(C) NO.6491 OF 2023
PETITIONERS :-
1 ARUN THOMAS,
S/O.THOMAS, CHETTAYIL HOUSE, KALTHOTTY PO,
IDUKKI DISTRICT, PIN - 685 507
2 ANOOP THOMAS
S/O.THOMAS, CHETTAYIL HOUSE, KALTHOTTY PO,
IDUKKI DISTRICT, PIN - 685 507
3 HIMA ANNA THOMAS
W/O.ANOOP THOMAS, CHETTAYIL HOUSE, KALTHOTTY PO,
IDUKKI DISTRICT, PIN - 685 507
4 RENI VINOD
W/O.VINOD MATHEW, CHETTAYIL HOUSE,
KALTHOTTY PO, IDUKKI DISTRICT, PIN - 685 507
BY ADVS.
C.K.PAVITHRAN
NEENU PAVITHRAN
RESPONDENTS :-
1 KANJIYAR GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,
KANCHIYAR GRAMA PANCHAYAT,
KANCHIYAR PO, IDUKKI, PIN - 685 511
2 SECRETARY
KANCHIYAR GRAMA PANCHAYAT,
KANCHIYAR PO, IDUKKI, PIN - 685 511
BY ADV JOMY K. JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.03.2023, ALONG WITH WP(C).4329/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.6491 & 4329 OF 2023
-: 2 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
WP(C) NO.4329 OF 2023
PETITIONER :-
VIJAYAKUMARI JAYAKUAMR, AGED 53 YEARS
W/O.JAYAKUMAR, SREEVILASAM HOUSE, KALATHOTTY,
KALTHOTTY.PO, IDUKKI, PIN - 685 507
BY ADVS.
S.SUNIL KUMAR (PALAKKAD)
P.V.SARITHA VENUGOPAL
LEKSHMI S.SEKHER
B.JITHU
FEMY M.ANTONY
ROHINI P.K.
N.P.RUKSANA
SHEEN JOSE(K/000402/2004)
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
2 THE DISTRICT COLLECTOR
IDUKKI, COLLECTORATE, KUYILIMALA, PAINAVU.PO,
IDUKKI, PIN - 685 603
3 TAHSILDAR
TALUK OFFICE, PAINAVU, IDUKKI, PIN - 685 603
4 VILLAGE OFFICER
KANCHIYAR VILLAGE, LEBBAKKADA, KANCHIYAR,
IDUKKI, PIN - 685 511
5 KANCHIYAR GRAMA PANCHAYATH
LEBBAKKADA, KANCHIYAR.PO, IDUKKI, PIN - 685 511
REPRESENTED BY ITS SECRETARY
WP(C) Nos.6491 & 4329 OF 2023
-: 3 :-
6 SECRETARY
KANCHIYAR GRAMA PANCHAYATH, LEBBAKKADA,
KANCHIYAR.PO, IDUKKI, PIN - 685 511
7 VINOD MATHEW
PUTHANPURACKAL HOUSE, KALTHOTTY.PO,
IDUKKI, PIN - 685 602
8 RANI VINOD
PUTHANPURACKAL HOUSE, KALTHOTTY.PO,
IDUKKI, PIN - 685 602
9 ANOOP THOMAS
CHETTAYIL HOUSE, KALTHOTTY.PO,
IDUKKI, PIN - 685 602
10 HIMA ANOOP THOMAS
CHETTAYIL HOUSE, KALTHOTTY.PO,
IDUKKI, PIN - 685 602
11 ARUN THOMAS
CHETTAYIL HOUSE, KALTHOTTY.PO,
IDUKKI, PIN - 685 602
BY ADVS.
JOMY K. JOSE
PAVITHRAN CK
NEENU PAVITHRAN(K/000804/2015)
SRI.APPU P.S., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.03.2023, ALONG WITH WP(C).6491/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.6491 & 4329 OF 2023
-: 4 :-
JUDGMENT
[W.P.(C) Nos.6491 & 4329 of 2023]
Dated this the 23rd day of March, 2023
These writ petitions are filed with regard to the partial
occupancy and numbering of a building constructed by the
petitioners in W.P.(C) No.6491/2023. It is submitted by the learned
counsel for the petitioners that due to the objections raised by the
petitioner in W.P.(C) No.4329/2023, the request made by them for
partial occupancy and numbering of the building is not being
considered.
2. It is submitted by the learned counsel appearing for the
respondent Panchayat that there were other discrepancies noticed
as well and the petitioners in W.P.(C) No.6491/2023 have been put
on notice of such discrepancies.
3. The learned counsel for the petitioner in W.P.(C)
No.4329/2023 submits that the predecessors-in-interest of
respondents 7 to 11 were assigned land under the provisions of the
Kerala Land Assignment (Regularisation of Occupations of Forest
Lands Prior to 1-1-1977) Special Rules, 1993 and that they are
seeking to put up commercial buildings in the property. It is
submitted that the objections raised by the petitioner are also to be
WP(C) Nos.6491 & 4329 OF 2023
considered while considering the request of the petitioners in W.P.
(C) No.6491/2023 for building permits or occupancy certificates, as
the case may be.
4. Having considered the contentions advanced, I am of the
opinion that it is for the respondent Panchayat to take an
appropriate decision in the matter.
There will, accordingly, be a direction to the Secretary of
the respondent Panchayat to take up the application submitted by
the petitioners in W.P.(C) No.6491/2023 for partial occupancy and
numbering of the building and to consider and pass orders on the
same, after issuing notice to the petitioners as well as the objectors,
that is, the petitioner in W.P.(C) No.4329/2023. Appropriate orders
shall be passed, after hearing all concerned and after considering
all relevant matters, within a period of three weeks from the date of
receipt of a copy of this judgment.
These writ petitions are ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/27.3.2023
WP(C) Nos.6491 & 4329 OF 2023
APPENDIX OF WP(C) 4329/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED
11.01.2023 MADE BEFORE RESPONDENT NO-4
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
11.01.2023 MADE BEFORE RESPONDENT NO-6
Exhibit P3 TRUE COPY OF THE PHOTOGRAPHS OF THE COMMERCIAL
BUILDING CONSTRUCTED BY THE RESPONDENT NO-7 TO
RESPONDENT EXHIBITS
Exhibit R11(a) TRUE COPY OF THE FORM NO. 6 DATED 26-02-2016
ISSUED UNDER KERALA LAND
ASSIGNMENT(REGULARISATION OF OCCUPATION OF
FOREST LANDS PRIOR TO 1.01.1977)SPECIAL RULES
Exhibit R11(b) TRUE COPY OF DOCUMENT NO.250/2018 DATED 22-01-
2018 OF THE SUB REGISTRAR OFFICE ,KATTAPPANA
Exhibit R11(c) TRUE COPY OF DOCUMENT NO.249/2018 DATED 22-01-
2018 OF THE SUB REGISTRAR OFFICE ,KATTAPPANA
Exhibit R11(d) TRUE COPY OF DOCUMENT NO.251/2018 DATED 22-01-
2018 OF THE SUB REGISTRAR OFFICE ,KATTAPPANA
Exhibit R11(e) TRUE COPY OF THE BUILDING PERMIT NO.V2-
BA/165888/2018 DATED 23-05-2018 ALONG WITH PLAN
Exhibit R11(f) TRUE COPY OF THE JUDGMENT IN S.T. NO. 111/2016
DATED 31-05-2019
Exhibit R11(g) TRUE COPY OF THE CERTIFICATE DATED 4-05-2022
ISSUED TO THE 11TH RESPONDENT BY THE VILLAGE
OFFICE KANCHIYAR PANCHAYATH
WP(C) Nos.6491 & 4329 OF 2023
APPENDIX OF WP(C) 6491/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE GENERAL BUILDING PERMIT DATED
23-05-2018
Exhibit P2 TRUE COPY OF THE PARTIAL COMPLETION CERTIFICATE
OF THE GROUND FLOOR AND 1ST FLOOR ISSUED BY THE
ENGINEER
