Kerala High Court
The Mulamkulam Grama Panchayath vs Smt. Thressiamma Kurian on 4 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 1325 OF 2021
PETITIONER/S:
THE MULAKULAM GRAMA PANCHAYATH,
PERUVA P.O., KOTTAYAM, KERALA-686 610,
REPRESENTED BY ITS SECRETARY,
MATHEW K.DANIEL, AGED 53 YEARS, S/O.K.M.DANIEL,
KARIPPALLIL HOUSE, NEERPPARA, VADAKARA P.O.,
KOTTAYAM-686 605.
BY ADVS.
ALEX.M.SCARIA
SMT.SARITHA THOMAS
SRI.A.J.RIYAS
RESPONDENT/S:
1 SMT. THRESSIAMMA KURIAN,
AGED 67 YEARS, W/O.ADV.KURIAN CHEMBOLA,
NOW RESIDING AT CHEMBOLA HOUSE,
ETTUMANOOR-686 631, KOTTAYAM.
2 THE NON RESIDENT INDIANS(KERALITES) COMMISSION,
NORKA CENTRE, THYCAUD P.O.,
THIRUVANANTHAPURAM-695 014,
REPRESENTED BY ITS MEMBER SECRETARY.
3 THE KOTTAYAM DISTRICT LEVEL COMMITTEE,
UNDER THE REGULARISATION OF UNAUTHORIZED
BUILDING CONSTRUCTION RULES, 2014,
REPRESENTED BY THE CONVENER,
DISTRICT TOWN PLANNER, KOTTAYAM,
(OFFICE OF THE DISTRICT TOWN PLANNER, KOTTAYAM).
BY ADVS.
PRANOY K.KOTTARAM
GEORGE MATHEWS
MATHEW JOHN (K)
WP(C) NO. 1325 OF 2021
2
OTHER PRESENT:
SRI.BIMAL K NATH-SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 1325 OF 2021
3
M.A. ABDUL HAKHIM, J.
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W.P.(C) No. 1325 of 2021
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Dated this the 4th day of June, 2024
JUDGMENT
1. The petitioner Panchayat has filed this writ petition
challenging Ext.P4 Adalath proceedings initiated by the 2 nd
respondent at the instance of the 1st respondent.
2. The Counsel for the petitioner submitted that the issue
is with respect to the regularization of unauthorized
construction done by the 1st respondent. He made available
a copy of the judgment dated 11.11.2022 in W.P.(C)
No.4433/2021 filed by the petitioner in which the 1 st
respondent is the same person. He pointed out that the said
judgment is with respect to the very same issue in which
the 1st respondent agreed to remit the amount of
Rs.16,17,720/- as compounding fee ordered by the District
Level Regularization Committee and the same was not paid.
Ext.P4 reveals that the 2nd respondent has invited the
WP(C) NO. 1325 OF 2021
petitioner only for an Adalath and not for any adjudication
in the matter. If the petitioner does not want to participate
in the Adalath, it is for the petitioner to refrain from
participating from the said Adalath.
3. Hence, this writ petition is disposed of making it clear
that if the petitioner does not want to participate in the
Adalath initiated as per Ext.P4, the petitioner need not
appear before the 2nd respondent.
Sd/-
M.A. ABDUL HAKHIM,
JUDGE
S.M.K.
WP(C) NO. 1325 OF 2021
APPENDIX OF WP(C) 1325/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NRI (KERALITES) ACT, 2015 FOR
ATTENDING THE DIFFICULTIES OF NON RESIDENT INDIAN
KERALITES.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 16.12.2019 WITHOUT
ANNEXURE SUBMITTED BY THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 21.12.2020 TO THE
PETITIONER.
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 06.01.2020 ORIGINALLY
ISSUED TO THE PETITIONER IN EXHIBIT P2 BY THE 2ND
RESPONDENT DEMANDING THE APPEARANCE OF THE
PETITIONER ON 15.01.2020.
EXHIBIT P5 TRUE COPY OF THE LETTER TO THE 2ND RESPONDENT DATED
17.01.2020 EXPLAINING REASONS FOR NON ATTENDING THE
HEARING HELD AS PER EXHIBIT P4.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 11.02.2020 BEARING
NO.A3-262/2020 THE PETITIONER HAD GIVEN A DETAILED
STATEMENT IN PURSUANCE OF EXHIBIT P4.
