Boban Mathai vs State Of Kerala
2023 Latest Caselaw 3156 Ker

           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.1606 OF 2023
PETITIONERS :-

    1     BOBAN MATHAI, AGED 60 YEARS
          S/O.K.J. MATHAI, RESIDING AT:KUTHIRAVELIL HOUSE,
          NEAR BISHOP HOUSE, CHANGANACHERRY P O,
          KOTTAYAM, PIN - 686 101

    2     M. SREELATHA, AGED 62 YEARS
          W/O.K.S VENUGOPAL, RESIDING AT : KUNNATHU HOUSE,
          THIRUNAKKARA NORTH, KOTTAYAM, PIN - 686 001

    3     M.N.OMANAKUMAR, AGED 61 YEARS
          S/O.V.N. NARAYANA PILLAI, RESIDING AT : CHAITHANYA,
          PILAPUZHA, HARIPAD, ALAPPUZHA, PIN - 690 514

    4     VEERAPUTHRAN.S, AGED 54 YEARS
          S/O.SUBRAMANIAN, SCIENTIST B,
          ECONOMIC RESEARCH DIVISION, RRII, RUBBER BOARD P O,
          KOTTAYAM - 686 009, RESIDING AT : QTR NO.4/6,
          RRII CAMPUS, RUBBER BOARD P O,
          KOTTAYAM, PIN - 686 009

          BY ADVS.
          R.REJI KUMAR
          P.R.JAYAKRISHNAN


RESPONDENTS :-

    1     STATE OF KERALA
          REPRESENTED BY : THE SECRETARY TO GOVERNMENT,
          LOCAL SELF GOVERNMENT (RURAL) DEPARTMENT,
          ROOM NO.404A, 4TH FLOOR, ANNEX I, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001

    2     THE DIRECTOR OF PANCHAYATS
          SWARAJ BHAVAN, GROUND FLOOR, NANTHANCODU,
          KOWDIAR.P.O, THIRUVANANTHAPURAM, PIN - 695 003

    3     THE CHIEF TOWN PLANNER
          DEPARTMENT OF TOWN AND COUNTRY PLANNING,
          SWARAJ BHAVAN, NANTHANCODE, KOWDIAR PO.,
          THIRUVANANTHAPURAM, PIN - 695 003
 WP(C) NO.1606 OF 2023

                                  -: 2 :-

       4      AYARKUNNAM GRAMA PANCHAYAT
              REPRESENTED BY : THE SECRETARY, CENTRAL JUNCTION,
              AYARKUNNAM THIRUVANCHOOR ROAD, AYARKUNNAM PO,
              KOTTAYAM, PIN - 686 564

       5      THE REGISTRAR OF CO-OPERATIVE SOCIETIES
              DEPARTMENT OF CO-OPERATION, SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695 001

       6      THE JOINT REGISTRAR (GENERAL)
              DEPARTMENT OF CO - OPERATION, CIVIL STATION,
              COLLECTORATE P O, KOTTAYAM - 686 002.

     ADDL.7   RUBBER BOARD EMPLOYEES HOUSING CO-OPERATIVE SOCIETY
              LTD (REG. NO. K NO.4377)
              REPRESENTED BY ITS CONVENER,
              ADMINISTRATIVE COMMITTEE,
              RUBBER RESEARCH INSTITUTE OF INDIA,
              RUBBER BOARD P O, KOTTAYAM - 686 009.

              ADD.R7 IMPLEADED AS PER ORDERED BY THIS COURT IN
              I.A.No.1/23 IN WP(C)1606/23 ON 27.2.2023.

              BY ADVS.
              R.REJI KUMAR
              LIJI.J.VADAKEDOM
              SMT.PARVATHY K., GP


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    23.03.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.1606 OF 2023

                                    -: 3 :-


                                 JUDGMENT

Dated this the 23rd day of March, 2023

The prayer in this writ petition is for a direction to the 4 th

respondent not to issue building permit until the conditions laid

down in Ext.P1 order is fully complied with. Building permits are to

be issued to the beneficiaries of the Scheme.

2. The learned counsel appearing for the respondent

Panchayat submits that there are 47 persons who are the members

of the Society and who have availed of the properties and have paid

consideration for the same. Not a single one of those beneficiaries

is a party to this writ petition.

The writ petition with the above said prayer without

impleading any of the persons who are likely to be affected by the

orders to be passed in the writ petition is not maintainable. Without

prejudice to the right of the petitioners to prefer a proper writ

petition with the affected parties on record, this writ petition is

closed.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/28.3.2023 WP(C) NO.1606 OF 2023

APPENDIX OF WP(C) 1606/2023

PETITIONER EXHIBITS

Exhibit P.1 TRUE COPY OF ORDER 01-09-2016 ISSUED BY THE 3RD RESPONDENT

Exhibit P.2 TRUE COPY OF SUMMARY PART OF INSPECTING REPORT DATED 24-12-2021 SUBMITTED BY UNIT INSPECTOR, O/O OF ASSISTANT REGISTRAR GENERAL, KOTTAYAM BEFORE 6TH RESPONDENT

Exhibit P.3 TRUE COPY OF ORDER DATED 25-02-2020 ISSUED BY 6TH RESPONDENT

Exhibit P.4 TRUE COPY OF ORDERS DATED 27-02-2020 ISSUED BY 6TH RESPONDENT

Exhibit P.5 TRUE COPY OF ORDER DATED 04-08-2021 ISSUED BY 1ST RESPONDENT CANCELLING EXT P.4 & P.5 ORDERS

Exhibit P.6 TRUE COPY OF ONE OF SUCH TITLE DEED NO.

1514/I/2020 DATED 19-10-2020 EXECUTED IN FAVOR OF BIJUMON.N. BY HOUSING SOCIETY

Exhibit P.7 TRUE COPY OF REPRESENTATION DATED 07-01-2023 SUBMITTED BEFORE THE 4TH RESPONDENT BY 1ST PETITIONER

Exhibit P.8 TRUE COPY OF JUDGMENT DATED 31-01-2023 IN WP (C) NO. 1973/2022 CONNECTED CASES RENDERED BY HON'BLE HIGH COURT OF KERALA

RESPONDENT EXHIBITS

Exhibit R7(a) THE COPY OF THE OPERATIVE PORTION OF THE JUDGMENT IN WP(C) NO. 2054/2022 (SUBMITTED BY THE 1ST PETITIONER HEREIN) DATED 31.1.2023 BEFORE THE HONOURABLE HIGH COURT OF KERALA

Exhibit R7(b) THE COPY OF THE COMMUNICATION DATED 24.2.2023 ISSUED BY THE SECRETARY, AYARKUNNAM GRAMA PANCHAYAT