Kerala High Court
Raju vs Secretary Acidhanalloor Grama ... on 12 June, 2024
WP(C) NO. 3792 OF 2017
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
WP(C) NO. 3792 OF 2017
PETITIONER/S:
RAJU
S/O.KOCHALI LAKSHMI, AGED 62 YEARS, KIZHAKKEVILA VEEDU,
KUMMALLOOR P.O., ADICHANALLOOR VILLAGE, KOLLAM-691573.
BY ADVS.
SRI.C.R.VIJAYAKUMARAN PILLAI
SRI.K.BAIJU KALLAMBALAM
SRI.A.CHANDRA BABU
SMT.S.V.HARITHA
SRI.R.SANTHOSH VARKALA
SRI.S.V.SREEJITH
RESPONDENT/S:
1 SECRETARY ACIDHANALLOOR GRAMA PANCHAYATH
ADICHANALLOOR GRAMA PANCHAYATH, GRAMA PANCHAYATH
OFFICE, ADICHANALLOOR P.O., KOLLAM-691573.
2 THE EXECUTIVE ENGINEER
DISTRICT OFFICE, KERALA WATER AUTHORITY, KOLLAM.
3 MANJU PUSHPANGADAN
D/O.PUZHPANGADAN, AGED 41 YEARS, THIRUVONAM VEEDU,
ADICHANALLOOR P.O., ADICHANALLOOR VILLAGE, KOLLAM-
691573.
4 LIJI PUSHPANGADAN
D/O.PUSHPANGADAN, AGED 48 YEARS, ASWATHY, KARAMCODE
P.O., SEEMATTY JUNCTION, CHATHANNOOR, KOLLAM-691573.
BY ADVS.
BIJITH S.KHAN
SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
WP(C) NO. 3792 OF 2017
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P.M.JOHNY
OTHER PRESENT:
ADv.Sri.P.M.Johny for R2
GEORGE MATHEW (SC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3792 OF 2017
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JUDGMENT
Dated this the 12TH day of June, 2024
This writ petition was filed for a direction to the 1 st
respondent to issue ownership certificate to the petitioner on
the basis of Ext.P1 application. A further direction to the 2 nd
respondent to provide water connection was also sought.
2. Today, when the matter was taken up for hearing,
learned Counsel appearing for the 1st respondent- Panchayat,
2nd respondent water authority and learned Counsel appearing
for respondents 3 and 4 made submissions. It is reported that
there were suits pending between the petitioner and
respondents 3 and 4 before the Munsiff Court, Paravoor,
Kollam. Those suits were settled on 08.11.2019. However, the
ownership certificate was not issued by the Panchayat on
account of objections raised by respondents 3 and 4. Now, since
the civil dispute between the parties have been settled, it is
appropriate that the Panchayat shall consider Ext.P1 application
submitted by the petitioner and shall take a decision in the
matter.
WP(C) NO. 3792 OF 2017
3. Therefore, this writ petition is disposed with a
direction to the 1st respondent to consider the request of the
petitioner for issuing ownership certificate, in case a proper
application supported by necessary documents are produced
before the 1st respondent, by the petitioner. If the petitioner
produces proper application along with the documents within a
period of three sweeks from the date of receipt of a copy of this
judgment, before the 1st respondent, the matter shall be
examined and appropriate decision be taken by the 1 st
respondent within a further period of four weeks from the date
of submission of the application.
The writ petition is disposed of accordingly.
SD
S.MANU, JUDGE
jm/
WP(C) NO. 3792 OF 2017
APPENDIX OF WP(C) 3792/2017
PETITIONER EXHIBITS
EXHIBIT P1- THE TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT FOR
OWNERSHIP OF THE BUILDING OF THE PETITIONER.
EXHIBIT P2- THE TRUE COPY OF THE LETTER NO.A3/9896/2016
DATED 16/01/2017 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P3- THE TRUE COPY OF THE DRAWING FOR THE PROPOSED
WATER CONNECTION LINE PREPARED BY PLUMBING
LICENSE NO.2/2002-03.
EXHIBIT P4- THE TRUE COPY OF THE CONSENT DEED EXECUTED BY
THE PETITIONER.
