Abdul Majeed K V vs The Nagalassery Grama Panchayath; ...
2024 Latest Caselaw 4798 Ker

Kerala High Court

Abdul Majeed K V vs The Nagalassery Grama Panchayath; ... on 7 February, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) No.4545/2024                        1/4                         Order Date : 07-02-2024

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN


               Wednesday, the 7th day of February 2024 / 18th Magha, 1945


                                WP(C) NO. 4545 OF 2024

   PETITIONER:

          ABDUL MAJEED K V, AGED 70 YEARS, S/O VEERANKUTTY, KURUNGATTUVALAPPIL
          HOUSE, NAGALASSERY VILLAGE, KOOTTANADU PO, PALAKKAD DISTRICT, PIN -
          679533

   RESPONDENTS:

      1. THE NAGALASSERY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY
         OFFICE OF THE NAGALASSERY GRAMA PANCHAYATH, KOOTTANADU PO, PALAKKAD
         DISTRICT, PIN - 679533
      2. SECRETARY, NAGALASSERY GRAMA PANCHAYATH, KOOTTANADU PO, PALAKKAD
         DISTRICT, PIN - 679533
      3. DIRECTOR (RURAL) LOCAL SELF GOVERNMENT DEPARTMENT (LSGD), OFFICE OF
         THE DIRECTOR LSGD, SWARAJ BHAVAN, NANDHANKODE, KABADIYAR PO.
         THIRUVANANTHAPURAM, PIN - 695003
      4. DEPUTY DIRECTOR OF PANCHAYATH, OFFICE OF THE DEPUTY DIRECTOR OF
         PANCHAYATH, PALAKKAD, PIN - 678001
      5. THE DISTRICT TOWN PLANNER, OFFICE OF THE DISTRICT TOWN PLANNER,
         LOCAL SELF GOVERNMENT DEPARTMENT, PLANNING, CIVIL STATION, PALAKKAD,
         PIN - 678001
      6. DISTRICT LEVEL ADALATH COMMITTEE FOR LOCAL SELF GOVERNMENT
         DEPARTMENTS AND INSTITUTIONS, HEADED BY ITS CONVENER, JOINT DIRECTOR
         (IC), INTEGRATED LOCAL SELF GOVERNMENT DEPARTMENT, OFFICE OF THE
         JOINT DIRECTOR, CIVIL STATION, PALAKKAD, PIN - 678001
      7. STATE LEVEL ADALATH COMMITTEE FOR LOCAL SELF GOVERNMENT DEPARTMENTS
         AND INSTITUTIONS, HEADED BY ITS CONVENER, DIRECTOR (RURAL), LOCAL
         SELF GOVERNMENT DEPARTMENT (LSGD), OFFICE OF THE DIRECTOR LSGD,
         SWARAJ BHAVAN, NANDHANKODE, KABADIYAR PO. THIRUVANANTHAPURAM, PIN -
         695003
      8. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO THE GOVT.,
         LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT- SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
      9. JOINT DIRECTOR (IC), INTEGRATED LOCAL SELF GOVERNMENT DEPARTMENT,
         OFFICE OF THE JOINT DIRECTOR, CIVIL STATION, PALAKKAD, PIN - 678001
     10. CONVENER STATE LEVEL ADALATH COMMITTEE FOR LOCAL SELF GOVERNMENT
         DEPARTMENTS AND INSTITUTIONS, OFFICE OF THE DIRECTOR LSGD, SWARAJ
         BHAVAN, NANDHANKODE, KABADIYAR PO. THIRUVANANTHAPURAM, PIN - 695003


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the respondents 1 and 2 to number the building
 WP(C) No.4545/2024                    2/4                       Order Date : 07-02-2024

   constructed by the petitioner as per Exhibits-P1 & P2, provisionally,
   pending final disposal of wpc


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.SHOBY K.FRANCIS & AGI SHOBY, Advocates for the petitioner, the court
   passed the following:
 WP(C) No.4545/2024                                3/4                          Order Date : 07-02-2024




                        MURALI PURUSHOTHAMAN, J.
                ----------------------------------------
                         W.P.(C) No.4545 of 2024
                ----------------------------------------
                Dated this the 7th day of February, 2024

                                            O R D E R

Admit. Learned Standing Counsel takes notice

for respondents 1 and 2. Learned Government

Pleader takes notice for respondents 3 to 10.

The learned Government Pleader to get

instructions from the 9th respondent as to the

status of the application of the petitioner

referred to in Ext.P11.

Post on 28.02.2024.

Sd/-

MURALI PURUSHOTHAMAN JUDGE sp/07/02/2024 WP(C) No.4545/2024 4/4 Order Date : 07-02-2024

APPENDIX OF WP(C) 4545/2024 Exhibit P-1 A TRUE COPY OF THE BUILDING PERMIT NO. A1/646/2016 DATED 10/02/2016 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P- 2 A TRUE COPY OF THE BUILDING PERMIT NO. A12236/17DATED 28/9/2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P-3 A TRUE COPY OF THE DECISION TAKEN BY THE 6TH RESPONDENT DISTRICT LEVEL ADALAT CONDUCTED ON 23-5-22 AND 24-5-22 DATED NIL Exhibit P-4 A TRUE COPY OF THE DECISION TAKEN BY THE 5TH RESPONDENT IN ACCORDANCE WITH THE DECISION OF THE DISTRICT LEVEL ADALATH DATED 8-6-2022 FORWARDED TO THE 2ND RESPONDENT Exhibit P-5 A TRUE COPY OF THE COVERING LETTER DATED 5-5-2023 ISSUED BY THE 3RD RESPONDENT IN FILE NO. LSGD/PD/16755/2023-ARI Exhibit P-6 A TRUE COPY OF THE RELEVANT PORTION OF THE DECISION TAKEN BY THE STATE LEVEL ADALATH OF THE LSGD DATED NIL Exhibit P-7 A TRUE COPY OF THE LETTER DATED 24-5-2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P-8 A TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 25-7-2023 ISSUED BY THE FIRE AND RESCUE SERVICE DEPARTMENT TO THE PETITIONER Exhibit P-9 A TRUE COPY OF THE REPRESENTATION DATED 2-8-2023 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT FOR ISSUING OCCUPANCY CERTIFICATE AND FOR NUMBER THE BUILDING Exhibit P- 10 A TRUE COPY OF THE JUDGMENT IN WPC NO. 27382/2023 DATED 22-8-2023 Exhibit P-11 A TRUE COPY OF THE FORWARDING LETTER DATED 3-11-2023 ISSUED BY THE 2ND RESPONDENT TO THE 9TH RESPONDENT WITH COPY TO THE PETITIONER