Kerala High Court
Muraleedharan A.P vs State Of Kerala on 31 May, 2024
WP(C) No.11093/2024 1/3 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
WP(C) NO. 11093 OF 2024
PETITIONERS:
1. MURALEEDHARAN A.P, AGED 70 YEARS, S/O. PADMANABHAN NAIR, ERADATH
HOUSE, NANDIKKARA P.O., PUDUKKAD, THRISSUR., PIN-680301
2. RATNAKUMARI, AGED 66 YEARS, W/O MURALEEDHARAN A.P. ERADATH HOUSE,
NANDIKKARA P.O., PUDUKKAD, THRISSUR., PIN-680301
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN-695001
2. THE REVENUE DIVISIONAL OFFICER, IRINJALAKUDA, CIVIL STATION ANNEXE,
IRINJALAKUDA., PIN- 680125
3. SPECIAL TAHSILDAR, LAND ACQUISITION, NH-66, KUTTIPPURAM-EDAPPALLY,
KODUNGALLUR, THRISSUR., PIN-680664
4. THE PROJECT DIRECTOR, NO. 310-A, CHANDRANAGAR EXTENSION,
CHANDRANAGAR P.O., PALAKKAD., PIN -678007
5. NENMANIKKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,
NENMANIKKARA, CHITTISSERY P.O., THRISSUR., PIN-680301
6. THE SECRETARY NENMANIKKARA, CHITTISSERY P.O., THRISSUR, PIN-680301
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 direct the 6th respondent to process petitioners' application
dated 18-10-2023 for regularization of construction of commercial (Group F
Occupancy) building without insisting for production of NOC from National
Highway Authority of India and also without insisting for payment of fee
at the rate of Rs.100/- per sq.ft for construction of every square feet
above 5057 sq. ft. and pass appropriate orders thereon in accordance with
law and within a time frame to be fixed by this Hon'ble Court, pending
disposal of the 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
04.04.2024 and upon hearing the arguments of SRI. DEEPU LAL
MOHAN, Advocate for the petitioners, M/S K.A.SALIL NARAYANAN & AISWARYA
M., Advocates for R4 and of M/S. C.HARIKUMAR, SANDRA SUNNY, ARUN KUMAR
M.A, VIMAL DEV P.V., FARAH JYOTHI PRADEEP, RAJU M.C. & ANTO VINU
YESUDASAN, Advocates for R5 & R6, the court passed the following:
WP(C) No.11093/2024 2/3 Order Date : 31-05-2024
MOHAMMED NIAS C. P. , J.
======================================
W. P. (C) No. 11093 of 2024
======================================
Dated this the 31st day of May, 2024
ORDER
The learned Government Pleader takes notice for respondents
1 to 3. Sri. B.G.Bidan Chandran, learned Standing Counsel, takes notice
for the 4th respondent. Sri. C. Harikumar, learned Standing Counsel,
takes notice for respondents 5 and 6.
There will be a direction to the respondents to file their statements
in two weeks. Post on 24.6.2024.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
WP(C) No.11093/2024 3/3 Order Date : 31-05-2024
APPENDIX OF WP(C) 11093/2024
Exhibit-P1 THE PHOTOCOPY OF SALE DEED NO. 1077/2020 OF NELLAYI SUB
REGISTRAR'S OFFICE DATED 17-07-2020
Exhibit-P2 THE PHOTOCOPY OF SALE DEED NO. 4949/1978 OF NELLAYI SUB
REGISTRAR'S OFFICE DATED 28-12-1978
Exhibit-P3 THE PHOTOCOPY OF SALE DEED NO. 6289/2003 OF NELLAYI SUB
REGISTRAR'S OFFICE DATED 29-12-2003
Exhibit-P4 THE PHOTOCOPY OF LETTER NO. A3-2825/2023 DATED
23-12-2023 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT
TO THE 1ST PETITIONER ALONG WITH APPENDED DOCUMENTS
Exhibit-P5 THE PHOTOCOPY OF TAX RECEIPT BEARING NO.
KL08032804180/2022 DATED 08-06-2022 ISSUED BY THE
VILLAGE OFFICER, NENMANIKKARA IN RESPECT OF THE
PETITIONERS' PROPERTY
Exhibit-P6 THE PHOTOCOPY OF THE POSSESSION CERTIFICATE BEARING NO.
6357354 DATED 15-03-2022 ISSUED BY THE VILLAGE OFFICER,
NENMANIKKARA IN RESPECT OF THE PETITIONERS' PROPERTY
Exhibit-P7 THE LOCATION SKETCH BEARING NO. 1203/2022 DATED
17-06-2022 ISSUED IN RESPECT OF THE PETITIONERS'
PROPERTY BY THE VILLAGE OFFICER, NENMANIKKARA
Exhibit-P8 THE PHOTOCOPY OF RECEIPT BEARING NO. 1230200510/G081104
DATED 25-05-2023 ISSUED BY THE 5TH RESPONDENT TOWARDS
REMITTANCE OF BUILDING TAX BY THE PETITIONERS IN
RESPECT OF BUILDING BEARING NO. 5/502
Exhibit-P9 THE PHOTOCOPY OF RELEVANT PAGES OF NOTIFICATION NO.
A-793/2021 DATED 22-01-2021 OF 5TH RESPONDENT PANCHAYAT
PUBLISHED IN THE KERALA GAZETTE ON 10-02-2021
Exhibit-P10 THE PHOTOCOPY OF APPLICATION DATED 16-03-2022 SUBMITTED
BY THE PETITIONERS IN FORM NO. 6 BEFORE THE 2ND
RESPONDENT
Exhibit-P11 THE PHOTOCOPY OF JUDGMENT DATED 17-08-2022 OF THIS
HON'BLE COURT IN W.P.(C) NO. 26399/2022
Exhibit-P12 THE PHOTOCOPY OF ORDER NO. 2435/2023 DATED 08-05-2023
ISSUED BY THE 2ND RESPONDENT
Exhibit-P13 THE PHOTOCOPY OF TAX RECEIPT BEARING NO.
KL08032802892/2023 DATED 18-05-2023 ISSUED BY THE
VILLAGE OFFICER, NENMANIKKARA IN RESPECT OF THE
PETITIONERS' PROPERTY
Exhibit-P14 THE PHOTOGRAPHS OF THE BUILDING IN QUESTION REGARDING
WHICH THE PETITIONERS HAVE SOUGHT FOR REGULARIZATION OF
CONSTRUCTION BEFORE THE 6TH RESPONDENT
Exhibit-P15 THE PHOTOCOPY OF LETTER NO.
400719/BRMC02/GPO/2023/6802/(2) DATED 07-11-2023 ISSUED
TO THE PETITIONERS BY 6TH RESPONDENT
Exhibit-P16 THE PHOTOCOPY OF INTERIM ORDER DATED 17-05-2021 OF THIS
HON'BLE COURT IN W.P.(C) NO. 2785/2021
Exhibit-P17 THE PHOTOCOPY OF REPRESENTATION DATED 06-12-2023
SUBMITTED BY THE PRESIDENT OF THE 5TH RESPONDENT
PANCHAYAT BEFORE THE HON'BLE CHIEF MINISTER
