Kerala High Court
Surendran vs The Pathiyoor Gramapanchayath on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 33041 OF 2022
PETITIONER:
HUSAIRATH
AGED 47 YEARS
W/O. ABDULLAKUTTY, CHIRAYIL HOUSE, ERUVA MURI, PATHIYOOR
VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT.
BY ADV A.SHAFEEK (KAYAMKULAM)
RESPONDENTS:
1 PATHIYOOR GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, OFFICE OF THE PATHIYOOR GRAMA
PANCHAYAT, KEERIKKAD PO, PATHIYOOR, ALAPPUZHA DISTRICT-
690508.
2 THE SECRETARY,
PATHIYOOR GRAMA PANCHAYAT, OFFICE OF THE PATHIYOOR GRAMA
PANCHAYAT, KEERIKKAD PO, PATHIYOOR, ALAPPUZHA DISTRICT -
690508.
3 SURENDRAN
S/O. KUNJACHAN, THEKKEMADATHIL HOUSE, PUTHIYAVILA MURI,
KANDALLOOR VILLAGE, KARTHIKKAPPALLY TALUK, ALAPPUZHA
DISTRICT - 690527.
BY ADVS.
V.M.KRISHNAKUMAR
MAYA M.
G.P., SYAMANTHAK B.S.
SC FOR PANCHAYATH, RENJIT GEORGE
SC OF NHAI, B.G. BIDAN CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2023, ALONG WITH WP(C).4300/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 33041 OF 2022 & WP(C) NO. 4300 OF 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 4300 OF 2023
PETITIONER:
SURENDRAN, AGED 59 YEARS, S/O KUNJACHAN,
THEKKEMADATHIL HOUSE, PUTHIYAVILA, ALAPUZHA
DISTRICT. PIN- REPRESENTED BY POWER OF ATTORNEY
HOLDER RAJAN PILLAI, AGED 53 YEARS, S/O LATE
VASUDEVAN PILLAI, CHAMAVILAYIL PUTHEN VEEDU,
PANAYIL, PALAMEL VILLAGE, NOORNADU, ALAPUZHA
DISTRICT., PIN - 690531
BY ADVS.
V.M.KRISHNAKUMAR
MAYA M.
RESPONDENTS:
1 THE PATHIYOOR GRAMAPANCHAYATH , REP ITS SECRETARY,
PATHIYOOR, KEERIKKAD.P.O,
ALAPUZHA DISTRICT, PIN - 690508
2 SECRETARY, REP ITS SECRETARY, PATHIYOOR,
KEERIKKAD.P.O, ALAPUZHA DISTRICT., PIN - 690508
3 THE EXECUTIVE ENGINEER, PWD ROADS DIVISION,
COLLECTORATE, ALAPUZHA., PIN - 688001
4 NATIONAL HIGHWAY AUTHORITY OF INDIA, REPRESENTED BY
PROJECT DIRECTOR, NHAI - PIU - OFFICE, TC 36/414(3)
NEAR NSS HIGHER SECONDARY SCHOOL, PALKULANGARA,
THIRUVANANTHAPURAM, PIN - 695024
5 VILLAGE OFFICER
KEERIKKAD VILLAGE, RAMAPURAM, KEERIKKAD, ALAPUZHA.,
PIN - 690508
*ADDL.R6 HUSAIRATH, AGED 47 YEARS, W/O ABDULLA KUTTY,
CHIRAYIL HOUSE, ERUVA MIRI, PATHIYOOR VILLAGE,
KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT.
*ADDL.R6 IS IMPLEADED AS PER ORDER DATED 24.03.2023
IN IA NO.1 OF 2023.
ADVS.MATHEWS K.PHILIP KALAPPURACKAL PHILIPOSE,
Shafeek
GP - SYAMANTHAK B.S.
SC (NHAI), B.G. BIDAN CHANDRAN
SC FOR PANCHAYATH, RENJITH GEORGE
WP(C) NO. 33041 OF 2022 & WP(C) NO. 4300 OF 2023
3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2023, ALONG WITH WP(C).33041/2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33041 OF 2022 & WP(C) NO. 4300 OF 2023
4
VIJU ABRAHAM, J
WP(C) No.33041 of 2022 & WP(C)No.4300 of 2023
th
Dated this the 24 day of March 2023
J U D G M E N T
WP(C)No.33041/2022 is filed seeking a direction to
rd
respondents 1 and 2 to take action against the 3 respondent
for illegally constructing the building without getting building
permit from the Panchayath, whereas WP(C)No.4300/2023 is
filed by the third respondent in WP(C)NO.33041/2022 seeking
an order quashing Ext.P9 and for a further direction to
consider Ext.P6 regularization application in view of Ext.P2 to
Ext.P4 as well as Ext.P10 revised plan. In the said writ petition
the petitioner in WP(C)N0.33041/2022 sought for an
th
impleadment of additional 6 respondent, which has been
allowed vide separate order dated 24.03.2023.
2. The learned senior counsel appearing for the
petitioner in WP(C)No.4300 of 2023 submitted that a direction
may be issued to the respondents to consider and pass orders
on Ext.P6 regularization application taking into consideration of
Ext.P2 and Ext.P4 as well as Ext.P10 revised plan.
WP(C) NO. 33041 OF 2022 & WP(C) NO. 4300 OF 2023
3. The learned standing counsel for the fourth
respondent submitted that the respondent - Panchayath shall
take a decision on the said application after affording an
th
opportunity of being heard to the petitioner, 4 respondent and
th
the Addl. 6 respondent.
4. After hearing both sides, I am inclined to dispose of
the writ petitions with a direction to the second respondent to
consider and pass orders on Ext.P6 regularization application
taking into consideration of Ext.P2 and Ext.P4 as well as
Ext.P10 revised plan in accordance with law, after affording an
opportunity of being heard to the petitioner, additional sixth
respondent as well as the fourth respondent. A decision as
directed above shall be taken within a period of one month
from today.
With the abovesaid directions, the writ petitions are
disposed of.
Sd/-
VIJU ABRAHAM, JUDGE
R.AV
WP(C) NO. 33041 OF 2022 & WP(C) NO. 4300 OF 2023
APPENDIX OF WP(C) 33041/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED
3/10/2022 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
Exhibit P2 TRUE COPY OF THE REPLY DATED 3/10/2022
SENT BY THE OFFICE OF THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE REPORT SENT BY THE
OFFICE OF THE 1ST RESPONDENT TO THE
PETITIONER.
Exhibit P4 TRUE COPY OF THE INJUNCTION ORDER PASSED
IN I.A. NO. 1/2022 IN O.S. NO. 317/2022
OF THE MUNSIFF COURT, KAYAMKULAM.
Exhibit P5 TRUE COPY OF THE PHOTOGRAPH TAKEN ON
15/10/2022.
WP(C) NO. 33041 OF 2022 & WP(C) NO. 4300 OF 2023
APPENDIX OF WP(C) 4300/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPIES OF PHOTOGRAPHS SHOWING THE
EXISTING SHOP ROOMS AS WELL AS THE
CONSTRUCTION OF THE SHOP ROOM ON THE BACK
SIDE OF PETITIONERS BALANCE AREA
Exhibit P2 TRUE COPY OF THE INFORMATION RECEIVED
FROM THE OFFICE OF THE DEPUTY COLLECTOR
(LA), COLLECTORATE, ALAPUZHA DATED
14.12.2022
Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER UNDER RIGHT TO INFORMATION
ACT DATED 11.11.2022 BEFORE THE
INFORMATION OFFICER, KEERIKKAD VILLAGE
Exhibit P4 TRUE COPY OF INFORMATION RECEIVED FROM
THE VILLAGE OFFICER DATED 19.11.2022
Exhibit P5 TRUE COPY OF THE PHOTOGRAPH OF
CONSTRUCTION BEING MADE BY THE OTHER
PROPERTY OWNER SIMILAR TO THAT OF THE
PETITIONER
Exhibit P6 TRUE COPY OF THE APPLICATION FOR
REGULARIZATION SUBMITTED BY THE
PETITIONER BEFORE THE PANCHAYATH
Exhibit P7 TRUE COPY OF THE JUDGMENT IN
WP(C).NO.8548/2020 DATED 22.09.2021
Exhibit P8 TRUE COPY OF THE JUDGMENT IN
WP(C).NO.35891/2022 DATED 10.01.2023
Exhibit P9 TRUE COPY OF THE LETTER ISSUED BY THE
PANCHAYATH TO THE PETITIONER DATED
29.12.2022
Exhibit P10 TRUE COPY OF THE PROPOSED PLAN FOR
CONSTRUCTION OF COMMERCIAL BUILDING
SUBMITTED BY THE PETITIONER
Exhibit P11 TRUE COPY OF THE RECEIPT ISSUED BY THE
PANCHAYATH TO THE PETITIONER DATED
01.02.2023
Exhibit P12 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
ISSUED BY THE PANCHAYATH TO THE
PETITIONER DATED 01.02.2023
