Machingal Hamza vs The District Collector
2024 Latest Caselaw 13294 Ker

Kerala High Court

Machingal Hamza vs The District Collector on 23 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 22637 OF 2016                  1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                            WP(C) NO. 22637 OF 2016
PETITIONER/S:
          MACHINGAL HAMZA
          AGED 52 YEARS
          S/O AVARAN HAJI,AGED 52 YEARS, KONDOTTY P.O.,
          MALAPPURAM DIST.

               BY ADV SRI.K.RAKESH


RESPONDENT/S:

      1        THE DISTRICT COLLECTOR
               MALAPPURAM, PIN- 676 505

      2        VILLAGE OFFICER
               KONDOTTY, MALAPPURAM DIST. PIN- 673 638

      3        THE LOCAL LEVEL MONITORING COMMITTEE
               REP. BY ITS CONVENER, AGRICUTLURAL OFFICER,
               AGRICULTURE OFFICE, KONDOTTY, MALAPPURAM DIST.,PIN-
               673 638

               BY ADVS.
               GOVERNMENT PLEADER


OTHER PRESENT:
          SRI.RIYAL DEVASSY, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.05.2024,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 22637 OF 2016                 2




                      P.V.KUNHIKRISHNAN, J
                    --------------------------------------
                     W.P.(C.) No. 22637 of 2016
                    --------------------------------------
                Dated this the 23rd day of May, 2024



                                   JUDGMENT

The above writ petition is filed with following prayers :

"(i) Call for the entire records leading up to Exhibit P2 and quash the same by the issuance of a writ of certiorari or any other appropriate writs, orders or directions

ii) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the respondents not to interfere in the construction pursued by the petitioner on the basis of Exhibit P1 permit in the light of the decision in Shibu & Others V. Chalakkudy Municipality and others (2015(3) KLT 344);

iii) Grant such other reliefs as this Hon'ble Court may deem fit and circumstances of the case." [sic]

2. When this writ petition came up for consideration on

05.07.2016, this Court passed the following order :

" Admit.

Learned Government Pleader takes notice for respondents 1 to 3.

There shall be an order of status quo for a period of one month and no restoration shall be forced as of now."

3. The learned counsel for the petitioner submitted that

the construction of the building is already over. If that is the

case, no further order can be passed. If there is any violation

of any statutory provisions, the competent authority among the

respondents can proceed in accordance with law, with notice

to the petitioner.

With the above observation, this writ petition is disposed

of.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 22637/2016

PETITIONER EXHIBITS

P1 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECRETARY OF KONDOTTY GRAMA PANCHAYATH DATED 12-08-2013

P2 TRUE COPY OF THE STOP MEMO ISSUED BY THE 2ND RESPONDENT DATED 31-05-2016 AS