Kerala High Court
Griffith David vs Kadinnamkulam Grama ... on 4 June, 2024
W. P. (C) Nos. 8298 & 1910 of 2024
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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. 8298 OF 2024
PETITIONER:
EUGINE, AGED 41 YEARS,
S/O LOORDH JACOB, AJI COTTAGE, ST.ANDREWS,
ST.XAVIER'S COLLEGE P.O, THIRUVANANTHAPURAM, PIN
- 695586.
BY ADV. SRI. L.RAJESH NARAYAN
RESPONDENTS:
1 STATE OF KERALA,
REP BY SECRETARY LOCAL SELF GOVERNMENT
DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695001.
2 SECRETARY,
KADINNAMKULAM GRAMA PANCHAYATH KAZHAKOOTTAM,
CHITTATUMUKU P.O, THIRUVANANTHAPURAM, PIN -
695301.
3 GRIFFITH DAVID,
S/O GREGORY DAVID, RESIDING AT 27/1395(1)
RISHIMANDALAM, VANCHIYOOR P.O,
THIRUVANANTHAPURAM, PIN - 695035.
SRI.SYAMANTHAK B.S., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.06.2024, ALONG WITH WP(C).NO.1910/2024, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) Nos. 8298 & 1910 of 2024
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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. 1910 OF 2024
PETITIONER:
GRIFFITH DAVID, AGED 55 YEARS,
S/O. GREGORY DAVID, PRESENTLY RESIDING AT
27/1395 (1), RISHIMANDALAM, VANCHIYOOR P.O,
THIRUVANANTHAPURAM, PIN - 695035.
BY ADVS.M/S.MOHAN JACOB GEORGE, P.V.PARVATHY,
REENA THOMAS, NIGI GEORGE & ANANTHU V.LAL
RESPONDENTS:
1 KADINNAMKULAM GRAMA PANCHAYATH, REPRESENTED BY
ITS SECRETARY, KAZHAKOOTTAM, MENAMKULAM,
CHITTATUMUKU P.O, THIRUVANANTHAPURAM, PIN -
695301.
2 SECRETARY, KADINNAMKULAM GRAMA PANCHAYATH,
KAZHAKOOTTAM, MENAMKULAM, CHITTATUMUKU P.O,
THIRUVANANTHAPURAM, PIN - 695301.
3 KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
REPRESENTED BY ITS SECRETARY, THAMBANOOR, KSRTC
BUILDING, 4 TH FLOOR, OVERBRIDGE THAMBANOOR,
THIRUVANANTHAPURAM, PIN - 695001.
4 EUGINE,CHRISTURAJA ENGINEERING WORKS, ST.
ANDREWS, ST. XAVIERS COLLEGE P.O,
THIRUVANANTHAPURAM, PIN - 695586.
SRI.PRAKASH M P, SC FOR R3
ADV. SRI.L.RAJESH NARAYAN, FOR R4
SRI.SYAMANTHAK B.S., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.06.2024, ALONG WITH WP(C).NO.8298/2024, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) Nos. 8298 & 1910 of 2024
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MOHAMMED NIAS C. P. , J.
=============================
W. P. (C) Nos. 8298 & 1910 of 2024
=============================
Dated this the 4th day of June, 2024
JUDGMENT
In WP(C) No. 8298/2024, the writ petitioner challenges the
provisional order directing the demolition of a building. WP(C) No.
1910/2024 was filed to direct the Panchayat to take appropriate
action against the illegal construction allegedly made by the
petitioner in the connected case.
2. This Court passed an order on 1.4.2024 directing the
second respondent to take a final decision after hearing the
petitioners in both cases.
3. It is submitted by the learned counsel for the petitioners
that orders have been passed as directed by this Court and the
petitioner in WP(C) No. 8298/2024 has challenged the same before
the Tribunal. This is recorded.
Nothing further remains to be adjudicated in these writ
petitions.
Accordingly, the Writ Petitions are closed.
Sd/-
MOHAMMED NIAS C. P., JUDGE
MMG
W. P. (C) Nos. 8298 & 1910 of 2024
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APPENDIX OF WP(C).NO.8298/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE
NO.C.619/2000/D DIS DATED 4.1.2001 OF THE
TAHSILDAR, TALUK OFFICE,
THIRUVANANTHAPURAM
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED
17.2.2024 ISSUED BY THE MEMBER OF
PANCHAYATH WARD NO.13
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE
RATION CARD OF THE MOTHER OF 4TH
RESPONDENT
EXHIBIT P4 TRUE COPY OF THE ELECTRICITY BILL DATED
17.11.2023 ISSUED TO THE MOTHER OF THE
PETITIONER
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 1.12.2023
NO.400242/BAUV01/GPO/2023/6214(1) OF THE
2ND RESPONDENT
EXHIBIT P6 TRUE COPY OF THE REPLY SUBMITTED BY THE
PETITIONER DATED 8.12.2023
EXHIBIT P7 TRUE COPY OF THE REGISTRATION CERTIFICATE
ISSUED BY THE COMMISSIONERATE OF FOOD
SAFETY DATED 9.1.2024
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 12.2.2024 IN
EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 22.2.2024
NO.400242/LLAP03/GPO/2024/1025(1) ISSUED
BY THE 2ND RESPONDENT
EXHIBIT P10 TO THE SAME, REPLY HAS BEEN GIVEN. TRUE
COPY OF THE REPLY SUBMITTED TO EXT.P9
DATED 26.2.2024
W. P. (C) Nos. 8298 & 1910 of 2024
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APPENDIX OF WP(C).NO.1910/2024
PETITIONER'S EXHIBITS:
EXHIBIT P-1 COPY OF THE TAX RECEIPT DATED
25.08.2023 EVIDENCING THE PAYMENT OF
LAND TAX
EXHIBIT P-2 COPY OF LOCATION CERTIFICATE ISSUED BY
THE VILLAGE OFFICER, MENAMKULAM
PANCHAYATH, MENAMKULAM VILLAGE
EXHIBIT P-3 COPY OF THE COMPLAINT DATED 12.09.2023
SUBMITTED BY THE PETITIONER TO THE 2 ND
RESPONDENT
EXHIBIT P-4 COPY OF THE NOTICE DATED 01.12.2023
ISSUED BY THE 2 ND RESPONDENT TO THE 4
TH RESPONDENT
EXHIBIT P-5 COPY OF REPLY DATED 08.12.2023 OF THE 4
TH RESPONDENT
EXHIBIT P-6 PHOTOGRAPH EVIDENCING THE CONSTRUCTION
OF THE NEW BUILDING IN WHICH PRESENTLY
THE HOTEL IS BEING CONDUCTED.
EXHIBIT P-7 COPY OF THE COMPLAINT DATED 27.12.2023
SUBMITTED BY THE PETITIONER TO THE 2ND
RESPONDENT
RESPONDENTS' EXHIBITS
EXHIBIT R4(D) TRUE COPY OF THE ELECTRICITY BILL DATED
17.11.2023 ISSUED TO THE MOTHER OF THE
PETITIONER
EXHIBIT R4(A) TRUE COPY OF CERTIFICATE
NO.C.619/2000/D DIS DATED 4.1.2001 OF
THE TAHSILDAR, TALUK OFFICE.
THIRUVANANTHAPURAM
EXHIBIT R4(B) TRUE COPY OF THE CERTIFICATE DATED
17.2.2024 ISSUED BY THE MEMBER OF
PANCHAYATH WARD NO.13
W. P. (C) Nos. 8298 & 1910 of 2024
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EXHIBIT R4(C) TRUE COPY OF THE RELEVANT PAGES OF THE
RATION CARD OF THE MOTHER OF 4TH
RESPONDENT
EXHIBIT R4(E) TRUE COPY OF THE REGISTRATION
CERTIFICATE ISSUED BY THE
COMMISSIONERATE OF FOOD SAFETY DATED
9.1.2024
EXHIBIT R4(F) TRUE COPY OF THE NOTICE DATED 22.2.2024
NO. 400242 / LLAP03/ GPO/ 2024/1025(1)
ISSUED BY THE 2ND RESPONDENT
EXHIBIT R4(G) TRUE COPY OF THE REPLY SUBMITTED TO
EXT.R4(F) DATED 26.2.2024
