Kerala High Court
Preeja T.L vs Pallichal Grama Panchayat on 31 May, 2024
WP(C) No.6189/2024 1/5 Order Date : 31-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Friday, the 31st day of May 2024 / 10th Jyaishta, 1946
IA.NO.3/2024 IN WP(C) NO. 6189 OF 2024
APPLICANT/PETITIONER:
PREEJA T.L, W/O.SHIBU, AGED 48 YEARS, RESIDING AT NANDAKRISHNA
VILASOM,POONCODE, BHAGAVATHINADA P.O., MUDAVOORPARA, BALARAMAPURAM,
THIRUVANANTHAPURAM, PIN - 695501
RESPONDENTS/RESPONDENTS & PERSONS SOUGHT TO BE IMPLEADED
1. PALLICHAL GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,
VEDIVACHANKOVIL P.O., PALLICHAL, THIRUVANANTHAPURAM, PIN - 695501
2. THE SECRETARY, PALLICHAL GRAMA PANCHAYAT,VEDIVACHANKOVIL
P.O.,PALLICHAL, THIRUVANANTHAPURAM, PIN - 695501
3. SURESH K.V., THE SECRETARY, PALLICHAL GRAMA
PANCHAYAT,VEDIVACHANKOVIL P.O.,PALLICHAL, THIRUVANANTHAPURAM, PIN -
695501
4. THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001
5. THE DIRECTOR OF VIGILANCE & ANTI CORRUPTION BUREAU VIKAS BHAVAN,
THIRUVANANTHAPURAM- 695 033
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to permit the
applicant to amend the Writ Petition.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S/PIRAPPANCODE V.S.SUDHIR, AKASH S.,GIRISH KUMAR M S, V.S.VARALEKSHMI
& RAJALAKSHMI.R., Advocates for the petitioner and of SRI.T.K.ANANDA
KRISHNAN, Advocate for R1 to R3, the court passed the following:
WP(C) No.6189/2024 2/5 Order Date : 31-05-2024
MOHAMMED NIAS C.P, J.
========================
W.P.(C.) No. 6189 of 2024
========================
Dated this the 31st day of May, 2024
ORDER
This is an application to amend the writ petition.
Heard. Allowed.
The petitioner is directed to serve the amended writ petition.
This is an application to implead the Secretary, Local Self
Government Department as well as the Director of Vigilance & Anti
Corruption Bureau as additional respondents 4 and 5.
Heard. Allowed.
Registry is directed to make the consequential correction in the
records.
Learned Government Pleader takes notice for the additional
respondents 4 and 5.
Post on 02.07.2024.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU
WP(C) No.6189/2024 3/5 Order Date : 31-05-2024
PPENDIX OF WP(C) 6189/2024
Exhibit P1 TRUE COPY OF THE PERMIT NO.A3 SECTION-BA(207182)/2019
DATED 16.02.2019 ISSUED TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE LETTER NO.D5- 1405/2019 DATED
31.05.2019 OF THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY
DIVISION, THIRUVANANTHAPURAM
Exhibit P3 TRUE COPY OF THE LETTER DATED 20.05.2020 ISSUED TO THE
2ND RESPONDENT
Exhibit P4 TRUE COPY OF THE APPLICATION DATED 10.06.2021 SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P5 TRUE COPY OF THE APPLICATION DATED 25.08.2021 SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF THE APPLICATION DATED 15.11.2021 SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P7 TRUE COPY OF THE PHOTOGRAPH SHOWING THE COMPLETION OF
THE BUILDING BY THE PETITIONER IN DECEMBER 2022
Exhibit P8 TRUE COPY OF THE DOCUMENT EVIDENCING THE AVAILING OF
THE LOAN BY THE PETITIONER FROM HOUSING DEVELOPMENT
FINANCIAL CORPORATION LTD., DATED 31.08.2021
Exhibit P9 TRUE COPY OF THE RECEIPT DATED 13.01.2023 ISSUED BY THE
VILLAGE OFFICER, PALLICHAL VILLAGE, ACKNOWLEDGING THE
RECEIPT OF RS.35428/- TOWARDS THE BUILDING TAX
Exhibit P10 TRUE COPY OF THE RECEIPT DATED 13.01.2023 ISSUED BY THE
VILLAGE OFFICER, PALLICHAL VILLAGE, ACKNOWLEDGING THE
RECEIPT OF RS.10000/- TOWARDS LUXURY TAX
Exhibit P11 TRUE COPY OF THE COMPLETION PLAN PRODUCED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT ON 05.06.2022
Exhibit P12 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT EVIDENCING
THAT THE PANCHAYAT HAD RECEIVED THE COMPLETION PLAN AND
THE REQUEST FOR NUMBERING THE BUILDING ON 05.06.2022
Exhibit P13 TRUE COPY OF THE FILLED UP FORM, DATED 12.06.2023,
WHICH THE 2ND RESPONDENT HAD DELIBERATELY REFUSED TO
ACCEPT FROM THE PETITIONER
Exhibit P14 TRUE COPY OF THE FILE TRANSACTION HISTORY, CONCERNING
THE FILE WITH RESPECT TO THE REQUEST OF THE PETITIONER
FOR NUMBERING THE BUILDING, RIGHT FROM 05.12.2022 TO
03.04.2023
Exhibit P15 TRUE COPY OF THE FILE TRANSACTION HISTORY WITH AGAIN
THE FILE RECEIVED DATE RECORDED THEREIN AS 17.06.2023,
WITH FURTHER THE SUBJECT AS REPORT OF COMPLETION OF THE
BUILDING IN WHICH PERMISSION HAS BEEN AVAILED, OF
PALLICHAL GRAMA PANCHAYAT
Exhibit P16 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE COMPLETE
CONSTRUCTION OF THE BUILDING AND THAT SAME IS FIT FOR
USE, FOR RESIDENTIAL AND COMMERCIAL PURPOSES
Exhibit P17 TRUE COPY OF THE APPLICATION DATED 29.05.2023 SUBMITTED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P18 TRUE COPY OF THE LETTER NO.SC-2-4175/2023 DATED
19.06.2023 OF THE STATE PUBLIC INFORMATION OFFICER,
PALLICHAL GRAMA PANCHAYAT IN RESPONSE TO EXT.P17
APPLICATION
WP(C) No.6189/2024 4/5 Order Date : 31-05-2024
Exhibit P19 TRUE COPY OF THE LAND TAX RECEIPT DATED 11.05.2023
AMOUNTING TO RS.34710/- FOR THE YEARS 2023-24, REMITTED
BY THE PETITIONER
Exhibit P20 TRUE COPY OF THE NOTICE DATED 07.11.2023 ISSUED BY THE
COUNSEL FOR THE PETITIONER BEFORE THE 2ND RESPONDENT,
WITH COPIES TO THE SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, DIRECTOR OF PANCHAYATS, DEPUTY DIRECTOR OF
PANCHAYATS AND THE DEPUTY SUPERINTENDENT OF POLICE
Exhibit P21 TRUE COPY OF THE JUDGMENT DATED 17.01.2024 OF THIS
HON'BLE COURT IN W.P.(C)NO.23663/2024
Exhibit P22 TRUE COPY OF THE RECEIPT GIVEN BY THE 2ND RESPONDENT,
ACKNOWLEDGING THE RECEIPT OF THE JUDGMENT IN
Exhibit P23 TRUE COPY OF THE REPRESENTATION DATED 03.02.2024
SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P24 TRUE COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING THE
RECEIPT OF EXT.P23 REPRESENTATION ON 06.02.2024 BY THE
2ND RESPONDENT
Exhibit P24(a) TRUE COPY OF THE RECEIPT ACKNOWLEDGING THAT THE 2ND
RESPONDENT HAD RECEIVED EXT.P23 REPRESENTATION ON
06.02.2024, IN PERSON
Exhibit P25 TRUE COPY OF THE MESSAGE RECEIVED BY THE PETITIONER AT
6.36 A.M. ON 07.02.2024 SENT THE 2ND RESPONDENT
Exhibit P26 TRUE COPY OF THE COMMUNICATION
NO.400246/LLAP03/GPO/2024/671(1) DATED 07.02.2024 OF
THE 2ND RESPONDENT DOWNLOADED BY THE PETITIONER FROM
THE WEBSITE REFERRED TO IN EXT.P25
Exhibit P27 TRUE COPY OF THE REPRESENTATION DATED 07.02.2024
SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT
Exhibit P28 TRUE COPY OF THE RECEIPT ACKNOWLEDGING THAT THE 2ND
RESPONDENT HAD RECEIVED EXT.P27 REPRESENTATION
Exhibit P29 TRUE COPY OF THE REGISTERED LETTER DATED 22.02.2024 OF
THE 2ND RESPONDENT WHICH THE PETITIONER HAD RECEIVED ON
09.03.2024
Exhibit P30 TRUE COPY OF THE MEMO, ACKNOWLEDGED BY THE PETITIONER,
OF HAVING RECEIVED EXT.P29 LETTER ON 09.03.2024
Exhibit P31 TRUE COPY OF THE LETTER NO.SC II-3386/2024 DATED
08.04.2024 OF THE STATE PUBLIC INFORMATION OFFICER,
PALLICHAL GRAMA PANCHAYAT ALONG WITH ITS TYPED COPY
Exhibit P32 TRUE COPY FOT THE LETTER NO.400246/BAB
C06/GPO/2022/10610/(1) DATED 11.12.2022
Exhibit P33 TRUE COPY OF THE OFFICE NOTINGS, RECEIVED BY THE
PETITIONER UNDER THE RIGHT TO INFORMATION ACT
COMMENCING FROM PARAGRAPH 1 DATED 05.12.2022 AND RIGHT
UPTO PARAGRAPH 40 DATED 11.04.2024
Exhibit P34 TRUE COPY OF THE LETTER NO.400246/BAB
C06/GPO/2022/10610/(2) DATED 19.02.2023 OF THE 2ND
RESPONDENT, ADDRESSED TO THE PETITIONER,
Exhibit P35 TRUE COPY OF THE LETTER NO.400246/BAB
C06/GPO/2022/10610/(3) DATED 15.04.2023 OF THE 2ND
RESPONDENT ADDRESSED TO THE PETITIONER
Exhibit P36 TRUE COPY OF THE LETTER NO.400246/BAB
C06/GPO/2022/10610/(5) DATED 28.05.2023
WP(C) No.6189/2024 5/5 Order Date : 31-05-2024
Exhibit P37 TRUE COPY OF THE THAT LETTER NO. NO.400246/BAB
C06/GPO/2022/10610/(6) DATED 07.07.2023
