Kerala High Court
Haleema Beevi vs State Of Kerala on 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Thursday, the 26th day of October 2023 / 4th Karthika, 1945
IA.NO.1/2023 IN WP(C) NO. 19386 OF 2022 (W)
PETITIONER/PETITIONER:
HALEEMA BEEVI, AGED 70 YEARS, W/O LATE ABDUL KHADER, BAIJU COTTAGE,
PALACHIRA, CHERUNNIYOOR VILLAGE, VARKALA, THIRUVANANTHAPURAM-695110.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. SECRETARY, CHEMMARUTHY GRAMA PANCHAYATH, PANAYARA P.O., VARKALA,
THIRUVANANTHAPURAM-695145.
3. CHEMMARUTHY GRAMA PANCHAYATH, PANAYARA P.O., VARKALA,
THIRUVANANTHAPURAM-695 145 REPRESENTED BY ITS SECRETARY.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to modify the Judgment
as per the Supreme Court Order in S.L.P.No.16008/2023.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 28.09.2022 in WP(C)No.19386/2022 and upon hearing the arguments of
SRI.LALJI P.THOMAS, Advocate for the petitioner in I.A./WP(C), GOVERNMENT
PLEADER for R1 in I.A./WP(C), SRI.M.R.SASITH, Advocate for R2 & R3 in
I.A/WP(C), the court passed the following:
N. NAGARESH, J.
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I.A.No.1 of 2023
In
W.P.(C) No.19386 of 2022
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Dated this the 26th day of October, 2023
ORDER
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The writ petition was disposed of with the following
directions:
"In view of the facts as submitted above, the writ
petition is disposed of permitting the petitioner to carry out a
survey of the petitioner's land so as to ascertain the boundary
between the land and the PWD road. On the basis of the
survey report, if the petitioner submits a new application for
regularisation of construction, the respondents may consider
the same in accordance with law. The petitioner is directed to
take steps to carry out survey within a period of one month."
2. Aggrieved by the said directions, the petitioner filed
Special Leave Petition before the Apex Court. The Apex Court,
on 18.05.2023, permitted the petitioner to withdraw Special
Leave Petition in order to move this Court for modification of the
given directions to be carried out by the Panchayat Authorities,
instead of the petitioner.
W.P.(C) No.19386 of 2022
3. The petitioner submits that taking into consideration the
facts of the case, it would be only proper for the Panchayat
Authorities to conduct a Survey, so as to consider the application
of the petitioner for issuance of Building Permit.
4. Since the Panchayat has taken objection regarding the
distance / setback criteria, I am of the view that it would be only
proper for the Panchayat to conduct the Survey.
I.A is therefore disposed of directing the Panchayat to carry
out the Survey of the petitioner's land, so as to ascertain the
boundary between the land of the petitioner and the PWD road.
Sd/-
N. NAGARESH
JUDGE
ams
26-10-2023 /True Copy/ Assistant Registrar
