Kerala High Court
K.M.Joseph vs Eramam Kuttoor Grama Panchayath on 29 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 39697 OF 2015
PETITIONER:
K.M. JOSEPH, S/O. LATE MICHEAL, AGED 54 YEARS,
KADENCHIRA HOUSE,VELLAORA AMSOM DESOM,
THALIPARAMBA TALUK,VELLORA P.O.,KANNUR DISTRICT.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.K.V.MANOJ KUMAR
SRI.M.PROMODH KUMAR
SRI.P.R.SREEJITH
RESPONDENTS:
1 ERAMAM KUTTOOR GRAMA PANCHAYATH
KANNUR DISTRICT,REPRESENTED BY THE
SECRETARY-670 306.
2 THE SECRETARY, ERAMAM KOTTOOR GRAMA PANCHAYATH
MATHAMANGALAM P.O., KANNUR DISTRICT-670 306.
3 THE DEPTUTY DIRECTOF OF PANCHAYAT
CIVIL STATION, KANNUR-670 001.
4 THE STATE OF KERALA REPRESENTED BY THE SECRETARY
TO THE GOVERNMENT
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADV. SRI.M.SASINDRAN
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.02.2024, ALONG WITH WP(C).3761/2016,
12368/2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.39697, 12368 of 2015 & 3761/2016
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 3761 OF 2016
PETITIONERS:
1 THE ERAMAM-KUTTOOR GRAMA PANCHAYATH
M.M. BAZAR P.O. - 670 306, KANNUR DISTRICT-
REPRESENTED BY ITS SECRETARY
2 THE SECRETARY
ERAMAM-KUTTOOR GRAMA PANCHAYAT, M.M. BAZAR
P.O. - 670 306, KANNUR DISTRICT
BY ADVS.
SRI.M.SASINDRAN
SRI.S.SHYAM KUMAR
RESPONDENTS:
1 K.M. JOSEPH,
PRESIDENT, INDIAN NATIONAL CONGRESS,
VELLORA UNIT, VELLORA P.O. - 670 306, M.M.
BAZAR (VIA), TALIPARAMBA, KANNUR DISTRICT
2 THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT
DEPARTMENT,IIIRD FLOOR, 'SAPHALAYAM'
PALAYAM, UNIVERSITY, THIRUVANANTHAPURAM-695
034
BY ADVS.
SRI.K.V.MANOJ KUMAR
SRI.M.PROMODH KUMAR - R1
SRI.S.SREEKUMAR SR.
SRI.P.R.SREEJITH
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.02.2024, ALONG WITH WP(C).39697/2015
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos.39697, 12368 of 2015 & 3761/2016
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 12368 OF 2015
PETITIONER:
K.M.JOSEPH, AGED 54 YEARS
S/O. LATE MICHEAL, KADENCHIRA HOUSE,
VELLAORA AMSOM DESOM, THALIPPARAMBA TALUK,
VELLORA P.O., KANNUR DISTRICT.
BY ADVS.
SRI.P.R.SREEJITH
SRI.K.V.MANOJ KUMAR
SRI.M.PROMODH KUMAR
RESPONDENTS:
1 ERAMAM KUTTOOR GRAMA PANCHAYATH
MATHAMANGALAM P.O., KANNUR DISTRICT,
REPRESENTED BY THE SECRETARY, PIN-670 306.
2 THE SECRETARY
ERAMAM KUTTOOR GRAMA PANCHAYATH,
MATHAMANGALAM P.O., KANNUR DISTRICT-670
306.
3 THE DEPUTY DIRECTOR OF PANCHAYAT
CIVIL STATION, KANNUR-670 001.
4 THE STATE OF KERALA, REPRESENTED BY THE
SECRETARY TO THE GOVERNMENT, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADVS.
SRI.M.SASINDRAN, SC
SRI.B.S.SYAMANTAK,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.02.2024, ALONG WITH WP(C).39697/2015
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos.39697, 12368 of 2015 & 3761/2016
4
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) Nos. 39697, 12368 of 2015 & 3761 of 2016
------------------------------------------------------
Dated this the 29th day of February, 2024.
JUDGMENT
When these Writ petitions came up for
consideration, the learned counsel appearing for the
petitioner in W.P.(C)Nos.39697/15 and 12368/15
submitted that the building is already regularised and
numbered based on the order passed by the
Ombudsman. The counsel appearing for the
petitioner in W.P.(C)No.3761/16 submitted that the
order passed by the Ombudsman is not correct.
2. This Court perused the order passed
by the Ombudsman. The Ombudsman considered all
the aspects and thereafter passed the order. There
is nothing to interfere with that order. Moreover, at
this distance of time, I think the order passed by the
W.P.(C) Nos.39697, 12368 of 2015 & 3761/2016
Ombudsman need not be interfered by this Court.
Therefore, these Writ petitions are closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
W.P.(C) Nos.39697, 12368 of 2015 & 3761/2016
APPENDIX OF WP(C) 3761/2016
PETITIONER EXHIBITS
EXT.P1: A TRUE COPY OF THE SITE
PLAN OF THE BUILDING IN R.S. NO.
98/01 OF ERAMAM-KUTTOOR PANCHAYATH
EXT.P2: A TRUE COPY OF THE NOTICE
DT. 8/12/14
EXT.P3: A TRUE COPY OF THE REPLY
FURNISHED BY THE 1ST RESPONDENT IN
PURSUANCE TO EXT P2 NOTICE
EXT.P4: A TRUE COPY OF THE
COMMUNICATION DT. 26/12/14
EXT.P5: A TRUE COPY OF THE
COMPLAINT MADE BY THE 1ST
RESPONDENT BEFORE THE 2ND
RESPONDENT
EXT.P6: A TRUE COPY OF THE
STATEMENT FURNISHED BY THE
SECRETARY
EXT.P7: A TRUE COPY OF THE ORDER DT
10/8/15 IN COMPLAINT NO. 975/15
W.P.(C) Nos.39697, 12368 of 2015 & 3761/2016
APPENDIX OF WP(C) 12368/2015
PETITIONER EXHIBITS
P1 : A COPY OF THE PETITIONERS
BUILDING PERMIT NO.B2-7250/12
DTD.4.12.2012 ISSUED BY THE 2ND
RESPONDENT FOR CONSTRUCTION OF A
PARTY OFFICE CUM COMMERCIAL
BUILDING IN THE PROPERTY.
P2 : A COPY OF THE BUILDING TAX
ASSESSMENT ORDER ISSUED BY THE
TAHSILDAR, THALIPARAMBA IN OCTOBER
2014.
P3 : A COPY OF THE PETITIONER'S
BUILDING TAX RECEIPTS ISSUED BY THE
VILLAGE OFFICER, VELLORA.
P4 : A COPY OF THE REPLY
DTD.8.12.2014 ISSUED BY THE 2ND
RESPONDENT DECLINING NUMBERING OF
BUILDING.
P5 : A COPY OF THE 2ND RESPONDENT
ISSUED A SHOW CAUSE NOTICE
DTD.8.12.2014 FOR CANCELLATION OF
EXT.P1 PERMIT.
W.P.(C) Nos.39697, 12368 of 2015 & 3761/2016
APPENDIX OF WP(C) 39697/2015
PETITIONER EXHIBITS
EXT.P1: A TRUE COPY OF THE
PETITIONERS' BUILDING PERMIT NO.B2-
7250/12 DATED 4.12.2012 ISSUED BY
THE 2ND RESPONDENT FOR CONSTRUCTION
OF A PARTY OFFICE CUM COMMERCIAL
BUILDING IN THE PROPERTY.
EXT.P2: A TRUE COPY OF THE BUILDING
TAX ASSESSMENT ORDER ISSUED BYMTHE
THAHASILDAR, THALIPARAMBA IN
OCTBOBER 2014.
EXT.P3: A TRUE COP OF THE
PETITIONER'S BUILDING TAX RECEIPTS
ISSUEED BY THE VILLAGE OFFICER,
VELLORA.
EXT.P4: A TRUE COPY OF THE REPLY
DATED 8.12.2014 ISSUED BY THE 2ND
RESPONDENT DECLINING NUMBERING OF
BUILDING.
EXT.P5: A TRUE COPY OF THE 3RD
RESPONDENT'S COUNTER AFFIADAVIT IN
WRIT PETITION (C) 12368/2015.
EXT.P6: A TRUE COPY OF THE
PETITIONER'S COMPLAINT DATED
6.6.2015 BEFORE THE OMBUDSMAN FOR
THE LOCAL SELF GOVERNMENT
INSTITUTIONS.
EXT.P7: A TRUE COPY OF THE ORDER
DATED 10.8.2015 THE OMBUDSMAN FOR
THE LOCAL SELF GOVERNMENT
INSTITUTIONS DIRECTING THE 1ST AND
2ND RESPONDENTS TO REGULARIZE THE
EXT.P1 BUILDING.
EXT.P8: A TRUE COPY OF THE
PETITIONER'S LETTER DATED 15.9.2015
PRODUCING EXT.P7 ORDER BEFORE THE
2ND RESPONDENT.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
