Kerala High Court
Sadanandan K vs Perumanna Grama Panchayat on 29 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
WP(C) NO. 27353 OF 2018
PETITIONER:
PREMANATHAN,AGED 54 YEARS
S/O.KANDAKUTTY, 'PRANAVAM', VALLIAL PADIKKAL HOUSE,
KOTTAMPARAMBA (PO), KOZHIKODE
BY ADVS.
SRI.R.SUDHISH
SMT.M.MANJU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY (REVENUE), GOVERNMENT
SECRETARIAT,
THIRUVANANTHAPURAM-695001
THE SECRETARY
PERUMANNA GRAMA PANCHAYAT,KOZHIKODE TALUK,
KOZHIKODE(DIST)-673019
BY ADVS.
T.M.KHALID
K.P.SUSMITHA
OTHER PRESENT:
SRI SYAMANTHAK BS-GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
29.03.2023, ALONG WITH WP(C).7798/2017, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)Nos.27353 of 2018
& 7798 of 2017 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
WP(C) NO. 7798 OF 2017
PETITIONERS:
1 SADANANDAN K,AGED 52 YEARS
S/O.VELAYUDHAN, AGED 52 YEARS, KARTHIKA HOUSE,
PERUMANNA P O, KOZHIKODE 673019.
2 N P BALAKRISHNAN,S/O.APPOOTY, SIVAPURI HOUSE,
PERUMANNA P O, KOZHIKODE 673019.
BY ADV SRI.DENIZEN KOMATH
RESPONDENTS:
1 PERUMANNA GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, KOZHIKODE 673019.
2 DISTRICT COLLECTOR
CIVIL STATION, KOZHIKODE 673020
3 V PREMANANDAN,'PRANAVAM',VALLIYAL PADIKKAL HOUSE,
KOTTAMPARAMBA P O, KOZHIKODE-8
4 VILLAGE OFFICER,PERUMANNA VILLAGE, KOZHIKODE.
BY ADVS.
SRI.T.M.KHALID
SRI.R.SUDHISH
SMT.K.DEEPA PAYYANUR
SMT.M.MANJU
SRI.VINOD SINGH CHERIYAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
29.03.2023, ALONG WITH WP(C).27353/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.27353 of 2018
& 7798 of 2017 3
VIJU ABRAHAM,J
-----------------------
W.P.(C)Nos.27353 of 2018 & 7798 of 2017
----------------------------------------
Dated this the 29th day of March, 2023
JUDGMENT
WP(C) No.7798 of 2017 is filed challenging the
building permit granted in favour of the 3rd
respondent, whereas WP(C) No.27353 of 2018 is filed
by the 3rd respondent in WP(C)No.7798 of 2017, mainly
contenting that consequent to the building permit
granted to him, the construction was completed and
when he approached the local authority for numbering
the building the same has been rejected by Ext.P4
communication for the reason that a suit is pending
as O.S.No.704/2017 and due to the pendency of writ
petition WP(C) No.7798 of 2017. The learned counsel
for the petitioner in WP(C) No.27353 of 2018 would
submit that the suit filed as O.S.No.704 of 2017 is
already dismissed as per Ext.P5 judgment.
2. The learned counsel appearing in WP(C)
No.7798/2017 would submit that the application
W.P.(C)Nos.27353 of 2018
submitted by the petitioner in WP(C) No.27353/2018
for assigning building number is considered by the
local authority, the petitioners may also be
afforded an opportunity of being heard and only
after hearing their objection that a final decision
shall be taken.
3. The learned Standing Counsel for the
respondent Panchayat would submit that the building
has been constructed in accordance with the building
plan approved by the Panchayat and that only reason
for non-consideration of the application for
assignment of building number is pendency of WP(C)
No.7798 of 2017 and O.S.No.704 of 2017.
4. The petitioners in WP(C) No.7798/2017 has
raised a specific contention that the property is
constructed in a paddy land. I am of the opinion
that the said objection could be raised before the
respondent Panchayat, while considering the
application.
Therefore, the above writ petitions are disposed
W.P.(C)Nos.27353 of 2018
of directing the respondent Panchayat to consider
and pass orders on the application submitted for
numbering the building, as is evident from Ext.P3 in
WP(C) No.27353/2018 and to take a final decision in
the matter within a period of one month from the
date of receipt of a copy of this judgment after
affording an opportunity of being heard to the
petitioner in WP(C) No.27353/2018 as well as the
petitioner in WP(C) No.7798/2017, in accordance with
law and also taking into consideration Ext.R1(b)
government circular.
With the above said directions, the writ petitions
are disposed of.
sd/-
VIJU ABRAHAM,
JUDGE
pm
W.P.(C)Nos.27353 of 2018
APPENDIX OF WP(C) 7798/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE BUILDING PERMIT DTD
20/5/2016 VIDE REFERENCE NO.A3-2423/16
ISSUED BY IST RESPONDENT TO THE 3RD
RESPONDENT.
EXHIBIT P2 TRUE PHOTOCOPY OF HTE SITE PLAN TO THE
PROPOSED LICE HOUSE ADDITION.
EXHIBIT P3 TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED
BY THE 2ND PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P4 TRUE PHOTOCOPY OF THE REPRESENTATION
PREFERRED BY THE LOCAL
RESIDENTS/AYALKOOTA SAMITHY BEFORE THE
IST RESPONDENT
EXHIBIT P5 TRUE PHOTOCOPYO F THE DOCUMENT PERTAINING
TO THE PROPERTY UNDER OWNERSHIP OF THE
3RD RESPONDENT WHEREIN THE INTENDED
CONSTRUCTION,
EXHIBIT P6 TRUE PHOTOCOPY OF THE POSSESSION
CERTIFICATE ISSUED BY THE 4TH RESPONDENT
VILLAGE OFFICER
EXHIBIT P7 TRUE PHOTOCOPY OFTHE COMPLAINT PREFERRED
BY A MEMBER OF ACTION COMMITTEE BEFORE
IST RESPONDENT GRAMA PANCHAYATH.
W.P.(C)Nos.27353 of 2018
APPENDIX OF WP(C) 27353/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT NO.BL-
757/15-16 DATED 20.05.2016 GRANTED TO THE
PETITIONER AND HIS MOTHER SMT.KAMALA AS
CO-OWNERS OF THE PROPERTY BY THE
PERUMANNA GRAMA PANCHAYAT.
EXHIBIT P2 TREU COPY OF THE ORDER DATED 16.03.2018
OF THIS HON'BLE COURT IN WP(C)763/2017
EXHIBIT P3 TRUE COY OF THE RECEIPT NO.2485 DATED
24.03.2018 ISSUED TO THE PETITIONER BY
THE 2ND RESPONDENT
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION LETTER
DATED 04.04.2018 ISSUED TO THE PETITIONER
BY THE 2ND RESPONDENT.
