Kerala High Court
Azees Kuniyil vs The Atholi Grama Panchayath on 11 April, 2024
W. P. (C) No. 11243/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 11243 OF 2024
PETITIONER:
AZEES KUNIYIL, AGED 57 YEARS,
S/O. MOIDEEN, KUNIYIL HOUSE, KOLATHUR, ATHOLI,
KOZHIKKODE DISTRICT, PIN - 673315.
BY ADVS.M/S.BABU S. NAIR, SMITHA BABU,
P.A.RAJESH, SHAMSEERA. C.ASHRAF, PRANAV,
K.P.DHANEESH & SIDDHARTH KARUN PISHARODY
RESPONDENTS:
1 THE ATHOLI GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, ATHOLI P.O.,
KOZHIKKODE DISTRICT, PIN - 673315.
2 THE SECRETARY,
THE ATHOLI GRAMA PANCHAYATH, ATHOLI P.O.,
KOZHIKKODE DISTRICT, PIN - 673315.
3 SHAJI T.M.,
THEKKEMAVEETIL HOUSE, ATHOLI P.O., KOZHIKKODE
DISTRICT, PIN - 673315.
SRI.K.P.SUDHEER, SC, ATHOLI GRAMA PANCHAYAT
ADVS. M/S. M.PROMODH KUMAR & MAYA CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 11243/2024
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MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 11243 of 2024
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Dated this the 11th day of April, 2024
JUDGMENT
The petitioner challenges Ext.P-3 stop memo issued by the
Panchayat based on the complaint filed by the 3 rd respondent who alleged
that damage was caused to his house due to the construction carried out
by the petitioner.
2. A report was obtained by the panchayat from the National
Institute of Technology (NIT) after site inspection and produced by the
Panchayat as per Anx.R-1(a), which reads thus:
"5. CONCLUDING REMARKS
Based on the inspection conducted, the following conclusions are drawn.
1. The development of cracks in the house of Mr. Shaji T.M. is inferred to be due
to the jerking/lateral movement of the building caused by the unscientific driving
of the steel I sections through the lateritic strata (locally called
Vayalkkanippara) over which the building is founded.
2. There are functional issues including possible leakage during rainy seasons.
The house needs to be repaired urgently, following the suggestions given in this
report.
3. Though there are distresses and functional issues, there is no threat to the
stability of the building at present. However, it should be ensured that
construction when continued in the nearby worksite, is not adversely affecting
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the stability of the building. The parties responsible are to be given strict
instructions to follow scientific and standard construction procedures in future."
3. In view of the above, it is for the Panchayat to take appropriate
steps to ensure that the construction of the petitioner does not cause any
damage to the house of the third respondent and that the construction is
strictly in accordance with Ext.P-1 permit granted on 1.6.2022.
4. The learned counsel for the petitioner submits that the piling
work is already over. This is recorded. The Panchayat will ensure that the
concluding remarks in the report of the NIT are strictly complied with by
the petitioner while proceeding with the construction as per Ext.P-1
building permit. In view of the above developments and timelimit in the
stop memo having expired, no further orders are required in this Writ
Petition and the same is accordingly closed.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
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APPENDIX OF WP(C).NO.11243/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT ISSUED TO THE
PETITIONER DATED, 1-6-2022
EXHIBIT P2 A TRUE COPY OF THE ACKNOWLEDGMENT
ISSUED BY THE DEPARTMENT OF MINING AND
GEOLOGY FOR THE PAYMENT OF ROYALTY FOR
THE REMOVAL OF EARTH DATED, 13-11-2023
EXHIBIT P3 A TRUE COPY OF THE ORDER ISSUED BY THE
2ND RESPONDENT DATED, 4-3-2024 AS
NO.A4-1016/22
RESPONDENTS' EXHIBITS:
EXHIBIT R 1 ( A ) TRUE COPY OF COMPLAINT DATED
02/01/2024 SUBMITTED BY 3RD RESPONDENT
TO THE 2ND RESPONDENT
EXHIBIT R 1 ( B ) TRUE COPY OF RELEVANT PAGE OF REPORT
DATED 12/02/2024 SUBMITTED BY THE
ASSISTANT ENGINEER OF THE 1ST
RESPONDENT GRAMA PANCHAYAT
EXHIBIT R 1 ( C ) TRUE COPY OF LETTER NO. 1042/2024
DATED 12/02/2024 SUBMITTED BY THE 2ND
RESPONDENT TO THE DIRECTOR, NATIONAL
INSTITUTE OF TECHNOLOGY, CALICUT
EXHIBIT R 1 ( D ) TRUE COPY OF COMMUNICATION DATED
29/02/2024 ISSUED BY THE PROFESSOR AND
HEAD OF THE DEPARTMENT OF CIVIL
ENGINEERING, GOVERNMENT ENGINEERING
COLLEGE, KOZHIKODE
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EXHIBIT R 1 ( E ) TRUE COPY OF REPLY BEARING NO.CED/CON/
ATHOLIGP/01 DATED 04/03/2024 ISSUED BY
THE DEPARTMENT OF CIVIL ENGINEERING,
NATIONAL INSTITUTE OF TECHNOLOGY,
CALICUT TO THE 2ND RESPONDENT.
EXHIBIT R 1 ( F ) TRUE COPY OF LETTER NO.
400964/GGDC08/GPO/2024/1042 (3) DATED
04/04/2024 ISSUED BY THE 2ND
RESPONDENT TO THE DIRECTOR, NATIONAL
INSTITUTE OF TECHNOLOGY, CALICUT
ANNEXURE R 1 ( A ) A TRUE COPY OF THE REPORT ON THE
INSPECTION OF THE HOUSE OF 3RD
RESPONDENT SUBMITTED BY THE NATIONAL
INSTITUTE OF TECHNOLOGY, CALICUT AND
DATED 8.4.2024
ANNEXURE R 1 ( B ) TRUE COPY OF THE BILL DATED 08.4.2024
ISSUED BY NATIONAL INSTITUTE OF
TECHNOLOGY, CALICUT TO THE 1ST
RESPONDENT
