Kerala High Court
Ittira V.J vs Secretary on 31 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.26012/2023 1/3 Order Date : 31-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 31st day of May 2024 / 10th Jyaishta, 1946
WP(C) NO. 26012 OF 2023
PETITIONERS:
1. ITTIRA V.J.,AGED 57 YEARS, S/O. JOSEPH @ OUSEPH, VATTATHARA HOUSE,
NJARAKKAL P.O., MANJANAKKAD ROAD, NJARAKKAL,ERNAKULAM DISTRICT,
PIN-682505
2. ANNIE,AGED 51 YEARS, W/O. ITTIRA V.J.,VATTATHARA HOUSE, NJARAKKAL
P.O., MANJANAKKAD ROAD, NJARAKKAL,ERNAKULAM DISTRICT, PIN-682505
RESPONDENTS:
1. SECRETARY, NJARAKKAL GRAMA PANCHAYAT,NJARAKKAL, ERNAKULAM DISTRICT,
PIN-682505
2. NJARAKKAL GRAMA PANCHAYAT, NJARAKKAL, ERNAKULAM DISTRICT,REPRESENTED
BY ITS SECRETARY, PIN -682505
3. ANILKUMAR. P, AGED 50 YEARS, S/O. RAMACHANDRAN, VAISHNAVAM VEEDU,
NJARAKKAL, ERNAKULAM DISTRICT, PIN-682505
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all proceedings in furtherance of Exhibits P11 and P16,
pending disposal of this writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
12.04.2024 and upon hearing the arguments of M/S LIJU.V.STEPHEN, INDU
SUSAN JACOB & P.M.HRIDYA, Advocates for the petitioners, M.N.SANJITH,
Advocate for R1 and of SRI. P.M.RAFIQ, Advocate for R3, the court passed
the following:
WP(C) No.26012/2023 2/3 Order Date : 31-05-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P (C) No.26012 of 2023
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Dated this the 31st day of May, 2024
O R D E R
Post on 14.06.2024.
Interim order is revived and extended till the date of
next posting.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
WP(C) No.26012/2023 3/3 Order Date : 31-05-2024
APPENDIX OF WP(C) 26012/2023
Exhibit P1 TRUE COPY OF THE SALE DEED DATED 11-11-2014 REGISTERED
AS DOCUMENT NO. 2583/2014 OF NJARAKKAL SRO
Exhibit P2 A TRUE COPY OF THE PHOTOGRAPHS TAKEN DURING THE
CONSTRUCTION WORKS OF THE 3RD RESPONDENT BUILDING IN
THE YEAR 2016-17 AND THE DAMAGED CAUSED TO THE
PETITIONER'S TEMPORARY SHED
Exhibit P3 A TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONERS'
PROPERTY AND THE ADDITIONAL CONSTRUCTIONS MADE BY THE
3RD RESPONDENT.
Exhibit P4 TRUE COPY OF THE ORDER NO. A8-4271/2022/14 DATED
20-4-2022 PASSED BY THE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE JUDGMENT 13-10-2022 IN W.P.(C) NO.
28860/2022 OF THE HON'BLE HIGH COURT OF KERALA
Exhibit P6 TRUE COPY OF THE NOTICE NO. A3- 2394/21 DATED 1-11-2022
ISSUED BY THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF THE WRITTEN EXPLANATION SUBMITTED BY THE
1ST PETITIONER TO THE 1ST RESPONDENT'S OFFICE ON
18-11-2022
Exhibit P8 TRUE COPY OF THE NOTICE NO. A3- 2394/2021 DATED
24-2-2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P9 TRUE COPY OF THE SHOW CAUSE NOTICE NO. A3-2394/2021 AND
THE ORDER ALLEGED TO BE ISSUED BY THE 1ST RESPONDENT ON
15-3-2023
Exhibit P10 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER
ON 28-3-2023 SENT THROUGH THE PETITIONERS' SON TO THE
1ST RESPONDENT
Exhibit P11 TRUE COPY OF THE ORDER NO. A3/2394/ 2021 DATED
20-4-2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 5-5-2023 MADE BY
THE PETITIONER TO THE 1ST RESPONDENT
Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 12-5-2023 MADE BY
THE PETITIONER TO THE 1ST RESPONDENT
Exhibit P14 TRUE COPY OF THE REPRESENTATION DATED 9-6-2023 MADE BY
THE 1ST PETITIONER TO THE PRESIDENT AND THE MEMBERS OF
THE COMMITTEE OF THE 1ST RESPONDENT.
Exhibit P15 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE
MEDICAL TRUST HOSPITAL, KUZHUPILLY TO THE PETITIONER
DATED 03.04.2023
Exhibit P16 TRUE COPY OF THE NOTICE NO. SC2-3016/22 DATED 2-8-2023
ISSUED BY THE 1ST RESPONDENT
Exhibit P17 TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION
BEARING NUMBER G.O(P) NO. 21/ 2024/LSGD DATED
09/02/2024
Exhibit P18 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED
30/05/2024 BEARING NO. 400615/ BPRL01/GPO/2024/2816
ISSUED BY THE 1ST RESPONDENT SEEKING REGULARISATION OF
THE PETITIONER'S BUILDING
