A.G. Ajith Prasad vs Puthussery Grama Panchayath
2023 Latest Caselaw 4216 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                        WP(C) NO. 11701 OF 2023
PETITIONER:

          A.G. AJITH PRASAD
          AGED 69 YEARS
          S/O. GOPINATHAN, TRUSTEE, AHALIA ALTERNATE ENERGY,
          KOZHIPPARA, PALAKKAD, PIN - 678557
          BY ADVS.
          K.B.GANGESH
          SMITHA CHATHANARAMBATH
          ATHIRA A.MENON
RESPONDENTS:

    1     PUTHUSSERY GRAMA PANCHAYATH
          REP. BY ITS SECRETARY, PUTHUSSERY GRAMA PANCHAYATH
          OFFICE KANJIKODE, PALAKKAD, PIN - 671542
    2     THE SECRETARY
          PUTHUSSERY GRAMA PANCHAYATH, PUTHUSSERY GRAMA
          PANCHAYATH OFFICE KANJIKODE, PALAKKAD, PIN - 671542
          SRI.BABU JOSEPH KURUVATHAZHA, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.11701 OF 2023

                                       2




                                JUDGMENT

Dated this the 31st day of March, 2023

This writ petition is filed seeking the following prayer:

"(i) a writ of mandamus or any appropriate writ, order or direction commanding the 2nd respondent to take up Ext.P2 application for regularization submitted by the petitioner and to pass orders on the same in accordance with the Kerala Panchayath Building Rules forthwith"

2. Heard the learned counsel for the petitioner and the learned

standing counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner that the

petitioner has preferred Ext.P2 application before the respondents to

regularize the construction effected by the petitioner. It is submitted

that the said application is liable to be considered following the

procedure provided in Rule 93 of the Kerala Panchayat Building Rules,

2019.

4. The learned standing counsel appearing for the respondents

submits that necessary time may be granted for the Panchayat to

consider the application.

WP(C) NO.11701 OF 2023

5. Having heard the learned counsel on both sides, there will be a

direction to the 2nd respondent to take up Ext.P2 application submitted

by the petitioner for regularization and to consider and pass orders on

the same within a period of two months from the date of receipt of a

copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO.11701 OF 2023

APPENDIX OF WP(C) 11701/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF NO OBJECTION CERTIFICATE DATED 08.01.2014 ISSUED BY THE 1ST RESPONDENT PANCHAYATH Exhibit P2 TRUE COPY OF APPLICATION FOR REGULARISATION DATED 30.08.2022 PREFERRED BY THE PETITIONER ON 11.10.2022 Exhibit P3 TRUE COPY OF RECEIPT DATED 21.11.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER RESPONDENTS' EXHIBITS: NIL