K.M.Abdul Kareem vs Nellikuzhi Grama Panchayat
2024 Latest Caselaw 33573 Ker

Kerala High Court

K.M.Abdul Kareem vs Nellikuzhi Grama Panchayat on 21 November, 2024

WP(C) NO. 41293 OF 2024             1


                                              2024:KER:87269
           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. 41293 OF 2024

PETITIONER:

               K.M.ABDUL KAREEM,
               AGED 65 YEARS
               KUTTICHIRA HOUSE, NELLIKUZHI P.O, COMPANYPADY,
               KOTHAMANGALAM, ERNAKULAM, PIN - 686691

               BY ADVS.
               P.FAZIL
               JITHIN PAUL VARGHESE
               FADIL FAZIL
               SAJU THALIATH
               C.PRABITHA
               ASWATHY JAYACHANDRAN
               ALVIN MATHEW


RESPONDENTS:

    1          NELLIKUZHI GRAMA PANCHAYAT,
               NELLIKUZHI GRAMA PANCHAYAT OFFICE, NELLIKUZHI
               PO, KOTHAMANGALAM, PIN - 686691

    2          THE SECRETARY,
               NELLIKUZHI GRAMA PANCHAYAT, NELLIKUZHI GRAMA
               PANCHAYAT OFFICE,NELLIKUZHI PO, KOTHAMANGALAM,
               PIN - 686691

    3          SAFIYAMOL T.H.,
               AGED 57 YEARS
               PUTHIYATHOTTIL HOUSE, COMPANYPADY, NELLIKUZHI
               PO, KOTHAMANGALAM,ERNAKULAM, PIN - 686691
OTHER PRESENT:

               SRI. K.S. ARUN KUMAR , SC
        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   21.11.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 41293 OF 2024                      2


                                                                                  2024:KER:87269

                         MOHAMMED NIAS C.P., J

                ............................................................

                         W.P.(C) No.41293 of 2024

                  .............................................................

              Dated this the 21th day of November, 2024

                                     JUDGMENT

The petitioner submits that he preferred Ext.P8

application seeking regularisation of the building before

respondent Nos.1 and 2. The learned Standing Counsel for

respondent Nos.1 and 2 submits that they received the

application and is pending.

2. Accordingly, there will be a direction to respondent

Nos.1 and 2 to consider the application for regularisation with

notice to the writ petitioner and the 3 rd respondent, and pass

orders, in accordance with law, within six weeks from the date of

receipt of a copy of this judgment. Till orders are passed as

directed above, status quo as on today shall be maintained.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE Anu

2024:KER:87269

APPENDIX OF WP(C) 41293/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE PHOTOSTAT COPY OF SALE DEED NO. 3576 OF 2006 DATED 08-06-2006 OF KOTHAMANGALAM SUB REGISTRY

Exhibit P2 THE TRUE PHOTOSTAT COPY OF RELEASE DEED NO.1839 OF 2007 DATED 05-03-2007 OF KOTHAMANGALAM SUB REGISTRY

Exhibit P3 THE TRUE PHOTOSTAT COPY OF BASIC TAX RECEIPT NO.KL07060209837/2024 DATED 13-08-2024 ISSUED BY THE VILLAGE OFFICER ERAMALLOOR

Exhibit P4 THE TRUE PHOTOSTAT COPY OF BUILDING PERMIT NO.265/07/08 DATED 23/01/2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P5 THE TRUE PHOTOSTAT COPY OF BUILDING TAX RECEIPT NO.1240103061/G071102 DATE 06-09-2024 FOR BUILDING NO.13/248 ISSUED BY THE 1ST RESPONDENT PANCHAYAT

Exhibit P5(a) THE TRUE PHOTOSTAT COPY OF BUILDING TAX RECEIPT NO.118020105559 PERTAINING TO BUILDING NO. 13/249 DATED 17-12- 2018 ISSUED BY THE 1ST RESPONDENT PANCHAYAT

Exhibit P5(b) THE TRUE PHOTOSTAT COPY OF BUILDING TAX RECEIPT NO.118020105560 PERTAINING TO BUILDING NO. 13/250 DATED 17-12- 2018 ISSUED BY THE 1ST RESPONDENT PANCHAYAT

Exhibit P5(c) THE TRUE PHOTOSTAT COPY OF BUILDING TAX RECEIPT NO.118020105561 PERTAINING TO BUILDING NO. 13/251 DATED 17-12- 2018 ISSUED BY THE 1ST RESPONDENT PANCHAYAT

2024:KER:87269 Exhibit P5(d) THE TRUE PHOTOSTAT COPY OF BUILDING TAX RECEIPT NO.118020105562 PERTAINING TO BUILDING NO. 13/252 DATED 17-12- 2018 ISSUED BY THE 1ST RESPONDENT PANCHAYAT

Exhibit P6 THE TRUE PHOTOSTAT COPY OF ORDER DATED 01-11-2024 BEARING NUMBER 4887/2024 ISSUED BY THE 2ND RESPONDENT

Exhibit P7 THE TRUE PHOTOSTAT COPY OF THE NOTICE DATED 07-11-2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

Exhibit P8 THE TRUE PHOTOSTAT COPY OF THE APPLICATION FOR REGULARISATION DATED 06-11-2024, IN FORM 1-A UNDER THE KERALA PANCHAYAT BUILDING RULES, 2019 SUBMITTED BEFORE THE 1ST RESPONDENT PANCHAYAT BY THE PETITIONER

Exhibit P9 THE TRUE PHOTOSTAT COPY OF RECEIPT OF PAYMENT OF APPLICATION FEE DATED 8-11-11-2024, ISSUED BY THE 1ST RESPONDENT PANCHAYAT

Exhibit P10 THE TRUE PHOTOSTAT COPY OF ACKNOWLEDGEMENT RECEIPT DATED 08-11-2024 ISSUED BY 1ST RESPONDENT PANCHAYAT

Exhibit P11 THE TRUE PHOTOSTAT COPY OF THE REPLY DATED 08-11-2024 ISSUED TO EXT.P5, BY THE PETITIONER TO THE 2ND RESPONDENT