Kerala High Court
Ajeeb M Ali vs Asamannoor Grama Panchayath on 4 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 16143 OF 2024
PETITIONERS:
1 BAVA, AGED 42 YEARS
S/O MOIDEEN, THOTTATHIKUDI HOUSE, KOTTAPADY P O,
ERNAKULAM, PIN - 686692
2 SHAMILA BAVA, AGED 38 YEARS
W/O BAVA, THOTTATHIKUDI HOUSE, KOTTAPADY P O,
ERNAKULAM, PIN - 686692
BY ADVS.
K.R.PRATHISH
S.RENJITH
P.K.SREEVALSAKRISHNAN
S.UNNIKRISHNAN (NELLAD)
K.R.SUNIL KUMAR
KRISHNA DAS
RESPONDENTS:
1 ASAMANNOOR GAMA PACHAYAT,
ASAMANNOOR P.O., ERNAKULAM,
REPRESENTED BY ITS SECRETARY, PIN - 683549
2 THE SECRETARY,
ASAMANNOOR GAMA PACHAYAT,
ASAMANNOOR P.O., ERNAKULAM, PIN - 683549
3 AJEEB ALI, AGED 48 YEARS
S/O ALIYAR, MULADAN HOUSE,
ASAMANNOOR P.O, ASAMANNOOR VILLAGE,
KUNNATHUNAD TALUK, ERNAKULAM DISTRICT, PIN - 683549
BY ADV K.S.ARUN KUMAR-SC
OTHER PRESENT:
SMT.SHEEBA G, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, ALONG WITH WP(C).1860/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOS. 16143 & 1860 OF 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 1860 OF 2024
PETITIONER:
AJEEB M ALI, AGED 48 YEARS
SON OF ALIYAR, MULADAN HOUSE, ASAMANNOOR P.O.,
ASAMANNOOR VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM
DISTRICT, PIN - 683549
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 ASAMANNOOR GRAMA PANCHAYATH,
ASAMANNOOR P.O., ERNAKULAM DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 683549
2 THE SECRETARY,
ASAMANNOOR GRAMA PANCHAYATH,
ASAMANNOOR P.O., ERNAKULAM DISTRICT, PIN - 683549
3 THE INSPECTOR OF POLICE,
KURUPPUMPADY POLICE STATION,
ERNAKULAM DISTRICT, PIN - 683545
4 BAVA, AGED 42 YEARS
SON OF MOIDHEEN, THOTTATHIKUDI HOUSE,
KOTTAPADY P.O., ERNAKULAM DISTRICT, PIN - 686692
5 SHAMILA BAVA,
WIFE OF BAVA, THOTTATHIKUDI HOUSE,
KOTTAPADY P.O., ERNAKULAM DISTRICT, PIN - 686692
BY ADVS.
SRI.K.S.ARUN KUMAR-SC
K.R.PRATHISH
P.K.SREEVALSAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.06.2024, ALONG WITH WP(C).16143/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOS. 16143 & 1860 OF 2024
3
MOHAMMED NIAS C.P., J.
----------------------------------------------
W.P.(C).Nos. 16143 & 1860 of 2024
----------------------------------------------------
Dated this the 4th day of June, 2024
JUDGMENT
W.P(C) No.1860 of 2024 has been filed by the petitioner seeking
implementation of Ext.P3 stop memo with the assistance of the third
respondent and thereby preventing the alleged illegal construction of
respondent Nos. 4 and 5 without leaving sufficient space as per the
building rules from the property of the petitioner. WP(C)No.16143 of
2024 has been filed by respondents 4 and 5 in W.P.(C) 1860/2014 for
quashing Ext.P6 stop memo dated 04-12-2023.(same as Ext P3 in the
other writ petition)
2. The Panchayat has filed a counter affidavit in W.P(C) No.1860
of 2024, which reads as follows;-
"6. It is humbly submitted that, on 04.12.2023 the petitioner filed
complaint before the Panchayat that the building constructed by the
4th and 5th respondents was being constructed without maintaining
sufficient setback from the adjacent building of the petitioner. An
inspection has conducted by the Panchayat officials found that there
was some construction works has going on the site. According to that,
a stop memo was issued by the Panchayat.
7. It is humbly submitted that 4th and 5th respondent informed
that the distance between the buildings was cleared, but as the
boundaries were disputed, the Assistant Engineer directed him to
produce the revenue sketch marked by the Taluk Surveyor. Again on
WP(C) NOS. 16143 & 1860 OF 2024
10.01.2024, a letter was issued to the 4th and 5th respondents on the
report of the Assistant Engineer that although the 4th and 5th
respondents produced the sketch, the set back cannot be determined
as per the sketch as the west side of the property was not demarcated.
8. It is humbly submitted that on 23.01.2024 the 4th and 5th
respondents has informed that the boundary has been constructed on
the West side. As per the said information, an inspection has conducted
by the Panchayat officials on the site and reported that there was
maintained sufficient set back. Therefore, now there is no other
deficiencies rectified and permit can be grant to 4th and 5th
respondents.''
3. In view of the the statements above referred to mentioned in
the counter affidavit filed by the Panchayat, that certain defects
noticed were cured by respondents Nos. 4 and 5 (who are also the
petitioners in WP(C) No.16413 of 2024), the stop memo dated
04.12.2023 is quashed. There will be a direction to the Panchayat to
ensure that no construction is carried out in violation of the permit
granted and if the same occurs, it will be open to the petitioner in
W.P(C) No.1860 of 2024, to bring the same to the notice of the
Secretary of the Panchayat, who will then take appropriate action on
the complaint of illegal construction in accordance with law.
The writ petitions are disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
vnk/
WP(C) NOS. 16143 & 1860 OF 2024
APPENDIX OF WP(C) 1860/2024
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED
1.7.2023 ISSUED BY THE ASAMANNOOR
VILLAGE OFFICER
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED
1.12.2023 SUBMITTED BY THE PETITIONER
BEFORE THE SECOND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE STOP MEMO ISSUED BY THE
SECOND RESPONDENT TO THE FOURTH AND
FIFTH RESPONDENT DATED 4.12.2023
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED
8.12.2023 ISSUED BY THE SECOND
RESPONDENT
EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE PETITIONER BEFORE THE DISTRICT
COLLECTOR, ERNAKULAM DATED 1.12.2023
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED
13.12.2023 ISSUED BY THE DISTRICT
COLLECTOR
RESPONDENT EXHIBITS :
EXHIBIT R4(a) TRUE COPY OF THE SALE DEED NO.1383/1/23
OF KURUPPAMPADY SUB REGISTRAR OFFICE
DATED 03.06.2023
EXHIBIT R4(b) TRUE COPY OF THE DECREE DATED 01.04.2023
OF MUNSIFF COURT PERUMBAVOOR IN OS NO.21
OF 2023
EXHIBIT R4(c) TRUE COPY OF THE MEDIATION AGREEMENT
DATED 13.03.2023 ALONG WITH SKETCH IN OS
NO.21 OF 2023 OF MUNSIFF COURT
PERUMBAVOOR
EXHIBIT R4(d) TRUE COPY OF THE BUILDING PERMIT DATED
02.05.2023 ISSUED BY THE 1ST RESPONDENT
EXHIBIT R4(e) TRUE COPY OF THE NOTICE DATED 10.01.2024
ISSUED BY THE 1ST RESPONDENT TO THIS
RESPONDENTS
EXHIBIT R4(f) TRUE COPY OF THE REPLY NOTICE DATED
23.01.2024 ISSUED BY THE THIS
RESPONDENTS TO THE 1ST RESPONDENT
WP(C) NOS. 16143 & 1860 OF 2024
APPENDIX OF WP(C) 16143/2024
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED
03.06.2023 BEARING NO.1383/I/23 OF
KURUPPAMPADY SUB REGISTRAR OFFICE
EXHIBIT P2 TRUE COPY OF THE DECREE DATED 01.04.2023
IN OS NO.21 OF 2023 OF MUNSIFF COURT
PERUMBAVOOR
EXHIBIT P3 TRUE COPY OF THE MEDIATION AGREEMENT
DATED 13.03.2023 ALONG WITH SKETCH IN OS
NO.21 OF 2023 OF MUNSIFF COURT
PERUMBAVOOR
EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT DATED
02.05.2023 ISSUED BY THE PANCHAYAT
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 10.01.2024
ISSUED BY THE PANCHAYAT TO THE
PETITIONERS
EXHIBIT P6 TTRUE COPY OF THE STOP MEMO DATED
04.12.2023 ISSUED BY THE PANCHAYAT TO
THE PETITIONERS
EXHIBIT P7 TRUE COPY OF THE REPLY NOTICE DATED
23.01.2024 ISSUED BY THE PETITIONERS TO
THE PANCHAYAT
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED
17.01.2024 IN WPC NO. 1860 OF 2024 OF
THIS HON'BLE COURT
EXHIBIT P9 TRUE COPY OF THE COUNTER AFFIDAVIT IN
WPC NO. 1860 OF 2024 DATED 06.04.2024
FILED BY THE 1ST AND 2ND RESPONDENTS
BEFORE THIS HON'BLE COURT ON 08.04.2024
// True Copy // PA To Judge
