Sudarsan vs Nattika Grama Panchayath
2024 Latest Caselaw 15397 Ker

Kerala High Court

Sudarsan vs Nattika Grama Panchayath on 5 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
    WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                       WP(C) NO. 31652 OF 2018
PETITIONER:

          SUDARSAN, AGED 54 YEARS
          S/O. NEELAKANDAN, ENGOOR(H),
          NATTIKA VILLAGE, NATTIKA P.O,
          CHAVAKKAD TALUK, THRISSUR DISTRICT

          BY ADV K.A.NOUSHAD



RESPONDENTS:

    1     NATTIKA GRAMA PANCHAYATH,
          P.O VALAPPAD 680642,
          THRISSUR DISTRICT,
          REPRESENTED BY ITS SECRETARY.

    2     THE SECRETARY,
          NATTIKA GRAMA PANCHAYATH, P.O.
          VALAPPAD-680642 THRISSUR DISTRICT.

    3     VINCENT,
          AGED 54 YEARS, S/O. ANTONY,
          KURUTHUKULANGARA (H), PUTHENPEEDIKA P.O.,
          ANTHIKKADU, THRISSUR DISTRICT-680642.

          BY ADVS.
          R3 BY SRI.A.HAROON RASHEED
          R1 BY SRI.K.B.GANGESH




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                               -2-
WP(C)No.31652 of 2018



                              MOHAMMED NIAS C.P., J.
                        -----------------------------------------------

                             WP(C)No.31652 of 2018

                        ---------------------------------------------

                    Dated this the 5th              day of June, 2024



                                       JUDGMENT

Petitioner, stated to be the resident of Ward No.11 of Nattika Grama

Panchayath, is aggrieved by the construction effected by the third

respondent in the building bearing Nos. 1444 and 1444A. The petitioner

alleges that the third respondent has illegally constructed a flat on the first

and second floor of the building without obtaining a permit from the

second respondent Panchayath, in total violation of the Kerala Panchayath

Building Rules and Panchayath Raj Act. The third respondent was served

with Exts.P1 and P2 notices dated 05.12.2016 and 28.12.2016 respectively,

directing to stop further construction and demolition of the illegal

constructions.

2. A counter affidavit has been filed on behalf of the third respondent

stating that he filed an application for regularising the constructions before

the Panchayath on 11.10.1028. He has produced Ext.R3(A), including the

receipt of the Panchayath dated 11.10.2018.

3. In view of the above, the writ petition is disposed of directing the

Panchayath to take such steps as mandated under law and consider the

application for regularisation filed by the third respondent. If the

application has already been forwarded to the Town Planner concerned by

the Panchayath, it will be open to the third respondent to pursue the same.

If the same has not been forwarded, the Panchayat will give two weeks'

time to the petitioner to cure the defects, if any, in the application and take

such steps to forward the application to the authority concerned. The

petitioner will also be free to bring to the notice of the Panchayat or other

authorities concerned, any violation of the Panchayat Building Rules or

under the Panchayat Raj Act committed by the third respondent.

The writ petition is disposed of as above.

Sd/-MOHAMMED NIAS C.P.

JUDGE

dlk/05.06.2024

APPENDIX OF WP(C) 31652/2018

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 05.12.2016 ISSUED BY THE 1ST RESPONDENT PANCHAYATH ORDERING THE 3RD RESPONDENT TO STOP ANY FURTHER CONSTRUCTION.

EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 28.12.2016 ISSUED BY THE 1ST RESPONDENT PANCHAYATH TO THE THE 3RD RESPONDENT DIRECTING TO DEMOLISH THE ILLEGAL CONSTRUCTIONS.

RESPONDENTS EXHIBITS

EXHIBIT R3 (A) TRUE COPY OF THE APPLICATION FOR REGULARIZATION OF CONSTRUCTION ALONG WITH RECEIPT OF PAYMENT DATED 11/10/2018 SUBMITTED BEFORE THE PANCHAYATH