Kerala High Court
Binukala vs The State Of Kerala on 21 November, 2024
WP(C) No.27884/2021 1/4 Order Date : 21-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Thursday, the 21st day of November 2024 / 30th Karthika, 1946
WP(C) NO. 27884 OF 2021
PETITIONER:
BINUKALA, AGED 50 YEARS, D/O. PRASANNA, "ARUN GARDENS",
VELLAMKETTUVILA, PRAVACHAMBALAM, NEMOM P.O, THIRUVANANTHAPURAM
DISTRICT-695 020.
RESPONDENTS:
1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, LOCAL
SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM P.O, THIRUVANANTHAPURAM DISTRICT-695 001.
2. THE PALLICHAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NEMOM
P.O,THIRUVANANTHAPURAM DISTRICT-695 020.
3. THE SECRETARY, PALLICHAL GRAMA PANCHAYATH, NEMOM P.O,
THIRUVANANTHAPURAM DISTRICT-695 020.
4. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS , VANCHIYOOR
COURT PREMISES, VANCHIYOOR P.O, THIRUVANANTHAPURAM DISTRICT-695 308.
5. SANJEEV, AGED 56 YEARS S/O. PONNAN, KUZHUVILA BUNGLOW,
PRAVACHAMBALAM, NEMOM P.O, THIRUVANANTHAPURAM DISTRICT-695 020
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 issue an interim direction commanding the respondents 2 and 3
to forthwith conduct an inspection, as ordered in exhibit p11, regarding
the ongoing construction by the 5th respondent and submit a report before
this honourable court, regarding the violation of building rules, and
further direct the 5th respondent to maintain status quo until then,
pending consideration of the above writ petition in the interst of
justice.
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
13/11/2024 and upon hearing the arguments of M/S.SUMAN CHAKRAVARTHY &
K.R.RIJA, Advocates for the petitioner, M/S.S.MOHAMMED AL RAFI &
R.UNNIKRISHNAN, Advocates for R2 & R3 and of M/S.V.G.ARUN, V.JAYA RAGI,
NEERAJ NARAYAN, R.HARIKRISHNAN (KAMBISSERIL) & S.VINOD BHAT, Advocates for
R5, the court passed the following:
WP(C) No.27884/2021 2/4 Order Date : 21-11-2024
MOHAMMED NIAS C. P. , J.
========================================================
W. P. (C) Nos. 27884 of 2021, 21587 of 2021, 27254 of 2021,
7464 of 2022, 9012 of 2022, and 6613 of 2024
========================================================
Dated this the 21st day of November, 2024
ORDER
The learned Government Pleader submits that a report, as
directed by this Court, has been filed.
2. The learned counsel for the petitioner in WP(C).No.
7464/2022 submits that the petitioner has filed the objection.
3. It will be open to the other parties to file their objection
to the report, if any, by the next posting date.
Post on 29.11.2024.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
WP(C) No.27884/2021 3/4 Order Date : 21-11-2024
APPENDIX OF WP(C) 27884/2021
Exhibit P1 A TRUE COPY OF THE APPLICATION FOR BUILDING BY THE
FIFTH RESPONDENT DATED 07.07.2017.
Exhibit P2 A TRUE COPY OF THE BUILDING PERMIT ISSUED IN THE NAME
OF THE FIFTH RESPONDENT BY THE PALLICHAL GRAMA
PANCHAYATH THE SECOND RESPONDENT HEREIN DATED 2.9.17.
Exhibit P3 A TRUE COPY OF THE DOCUMENT EXECUTED DATED 4.4.94 BY
VIJAYAMMA REGISTERED AS DOCUMENT NO. 868/94 OF THE
NEMOM SRO.
Exhibit P4 A TRUE COPY OF THE COMMUNICATION ISSUED TO THE
PETITIONER FROM THE SPECIAL TAHSILDAR, LAND ACQUISITION
DATED 25.9.21.
Exhibit P5 A TRUE COPY OF THE CAVEAT PETITION NO. 191/21 BEFORE
MUNSIFF'S COURT NEYYATTINKARA.
Exhibit P6 A TRUE COPY OF THE PHOTOGRAPH.
Exhibit P7 A TRUE COPY OF THE OS NO. 191/21 BEFORE MUNSIFF'S
COURT, NEYYATTINKARA.
Exhibit P8 A TRUE COPY OF THE COMMISSION REPORT IN OS NO. 191/21
BEFORE MUNSIFF'S COURT, NEYYATTINKARA.
Exhibit P9 A TRUE COPY OF THE COMPLAINT DATED 5.04.2021.
Exhibit P10 A TRUE COPY OF THE ORDER DATED 19.04.2021 IN IA NO.
563/21 IN APPEAL NO. 247/21 BY THE LSGT.
Exhibit P11 A TRUE COPY OF THE COMMON JUDGMENT DELIVERED IN APPEAL
NO. 129, 89, 247, OF 2021 BY THE TRIBUNAL FOR LOCAL
SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DATED
17.9.21.
Exhibit P12 A TRUE COPY OF THE RTI APPLICATION AND REPLY DATED
27.04.2021 PRODEUCED AS R2 (D) BEFORE THE LSGT.
Exhibit P13 A TRUE COPY OF THE COMPLAINT BY THE PETITIONER DATED
24.09.2021.
Exhibit P14 A TRUE COPY OF THE STOP MEMO DATED 24.09.2021.
Exhibit P15 A TRUE COPY OF THE LETTER DATED 25.09.2021.
Exhibit P16 A TRUE COPY OF THE ORDER IN IA 1008/21 IN APPEAL 466/21
BY THE LSGT.
Exhibit P17 A TRUE COPY OF THE ORDER DATED 11.10.2021 IN W.P NO.
Exhibit P18 A TRUE COPY OF THE ORDER DATED 26.10.21 IN APPEAL NO.
466/21.
Exhibit P19 PHOTOGRAPH EVIDENCING PRESENT STAGE OF CONSTRUCTIONS.
Exhibit P20 A TRUE COPY OF THE INFORMATION PROVIDED BY THE VILLAGE
OFFICER PALLICHAL VILLAGE DATED 8.10.2021
Exhibit P21 A TRUE COPY OF THE FIR IN CRIME NO-2163/2021 OF
NARUVAMOODU POLICE STATION.
Exhibit P22 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE
VILLAGE OFFICER, PALLICHAL DATED 30.8.2017
Exhibit R2(A) TRUE COPY OF THE REPORT NO. A3/9195/2021 DATED
17/12/2021 ISSUED BY THE ASSISTANT ENGINEER, PALLICHAL
GRAMA PANCHAYATH
Exhibit R5 (ab) THE TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED
03.09.2022 ISSUED BY THE PALLICHAL PANCHAYAT
Exhibit R5(ac) THE TRUE COPY OF ACKNOWLEDGEMENT CERTIFICATE DATED
03.09.2023 ISSUED BY THE PALLICHAL PANCHAYAT
WP(C) No.27884/2021 4/4 Order Date : 21-11-2024
Exhibit R2(a) TRUE COPY OF PARTIAL COMPLETION CERTIFICATE ISSUED TO
5TH RESPONDENT
Exhibit R2(b) TRUE COPY OF ACKNOWLEDGEMENT ISSUED TO 5TH RESPONDENT
