Kerala High Court
Mohammed M vs Chowannur Grama Panchayat on 16 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 32917 OF 2018
PETITIONER:
RAJEEB
AGED 35 YEARS
S/O. KUNJIPPU,
MADAPPATTUPARAMBIL HOUSE,
PAZHUNNANA DESOM,
CHEMMTHATTA VILLAGE,
KUNNANKULAM TALUK.
BY ADVS.
SAIJO HASSAN
BENOJ C AUGUSTIN
V.K.RAFEK
VISHNU BHUVANENDRAN
U.M.HASSAN
PARVATHY P
SURYA P SHAJI
RESPONDENTS:
1 CHOWANNUR GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,
CHOWANNUR.
2 THE SECRETARY
CHOWANNUR GRAMA PANCHAYATH,
CHOWANNUYR. P.O.
3 MOHAMMED,
S/O. MOIDEENKUTTY,
MADAPPATTUPARAMBIL HOUSE,
PAZHUNNANA DESOM,
CHEMMTHATTA VILLAGE,
KUNNAKULAM TALUK - 680 503.
BY ADVS.
SRI.BRIJESH MOHAN
SMT.R.PADMAKUMARI
SRI.BABU KARUKAPADATH
SRI.R.RAJPRADEEP - SC
SMT.M.A.VAHEEDA BABU
SRI.K.M.FAISAL (KALAMASSERY)
WP(C).Nos.32917 of 2018 & 5687 OF 2024
2
SRI.P.U.VINOD KUMAR
SMT.V.R.LAKSHMI
SRI.AVINASH P RAVEENDRAN
SRI.J.VISHNU DEVARAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.02.2024, ALONG WITH WP(C).5687/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.32917 of 2018 & 5687 OF 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 16TH DAY OF FEBRUARY 2024/27TH MAGHA, 1945
WP(C) NO. 5687 OF 2024
PETITIONER:
MOHAMMED M.
AGED 72 YEARS
S/O. MOIDEENKUTTY,
MADAPPATTUPARAMBIL HOUSE,
PAZHUNNANA DESOM,
CHEMMANTHATTA VILLAGE,
THRISSUR., PIN - 680 501.
BY ADVS.
ASWIN NANDA A.
VARUN JACOB
ABHILASH C.V.
RESPONDENTS:
1 CHOWANNUR GRAMA PANCHAYAT
CHOWANNUR VILAKKUMTHARA,
CHAVAKKAD - WADAKANCHERRY ROAD,
KUNNAMKULAM, THRISSUR
REPRESENTED BY ITS SECRETARY,
PIN - 680 517.
2 THE SECRETARY
CHOWANNUR GRAMA PANCHAYAT,
CHOWANNUR VILAKKUMTHARA,
CHAVAKKAD - WADAKANCHERRY ROAD,
KUNNAMKULAM, THRISSUR,
PIN - 680 517.
SR.GP. - SMT.K.AMMINIKUTTY
SRI. R. RAJPRADEEP - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.02.2024, ALONG WITH WP(C).32917/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.32917 of 2018 & 5687 OF 2024
4
JUDGMENT
Since common issues arise for consideration in
these writ petitions, they are disposed of by this
common judgment. The status of the parties and
exhibits referred to herein below shall be as obtaining
in W.P.(C) No.5687 of 2024, unless mentioned
otherwise.
2. The petitioner in W.P.(C) No.5687 of 2024,
submitted an application for building permit before
the 2nd respondent, the Secretary of the Panchayat as
evident from Ext.P1 receipt. The grievance of the
petitioner is that the said application is not so far
considered due to the pendency of W.P.(C) No.32917
of 2018.
3. The petitioner in W.P.(C) No.32917 of 2018 is
the neighbour of the petitioner. He has filed the said
WP(C).Nos.32917 of 2018 & 5687 OF 2024
writ petition for a direction to the Secretary to issue
memo to the petitioner in W.P.(C) No.5687 of 2024 to
stop the construction being carried out by him. In
W.P.(C) No.32917 of 2018 though an interim order
was passed directing the petitioner in W.P.(C) No.5687
of 2024 not to carry out any construction without
securing necessary licence or permit from the
Panchayat, it is seen that the said interim order was
not extended.
4. It is submitted by the learned counsel for
the Panchayat that, the application of the petitioner
in W.P.(C) No.5687 of 2024 is pending consideration
and it is not disposed of because of the pendency of
W.P.(C) No.32917 of 2018.
In the facts and circumstances of the case, the
writ petitions are disposed of with a direction to the
2nd respondent, the Secretary of the Panchayat to
consider and dispose of the application of the
petitioner in W.P.(C) No.5687 of 2024 for building
WP(C).Nos.32917 of 2018 & 5687 OF 2024
permit evidenced by Ext.P1 in accordance with law
after hearing the petitioners in both the writ petitions,
within a period of six weeks from the date of receipt
of a copy of this judgment.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C).Nos.32917 of 2018 & 5687 OF 2024
APPENDIX OF WP(C) 32917/2018
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED
05/10/2018 FILED BEFORE 2ND
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY THE
2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPHS.
RESPONDENTS EXHIBITS: NIL.
WP(C).Nos.32917 of 2018 & 5687 OF 2024
APPENDIX OF WP(C) 5687/2024
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIPT FROM THE 1ST RESPONDENT
PANCHAYAT DATED 25.10.2017.
EXHIBIT P2 TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT DATED 26.09.2017.
EXHIBIT P3 TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT DATED 13.05.2018.
EXHIBIT P4 TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT DATED 25.02.2021.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED
14.09.2023 ISSUED BY THE PETITIONER TO
THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE LETTER OF THE 2ND
RESPONDENT DATED 19.10.2023.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED
23.10.2023 ISSUED BY THE PETITIONER TO
THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
