Ponnamma Gopinathan vs Kanjirapally Grama Panchayat
2024 Latest Caselaw 33606 Ker

Kerala High Court

Ponnamma Gopinathan vs Kanjirapally Grama Panchayat on 21 November, 2024

WP(C) NO. 41115 OF 2024

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                                                       2024:KER:87385
                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. 41115 OF 2024

PETITIONER:

          PONNAMMA GOPINATHAN,
          AGED 70 YEARS
          W/O. GOPINATHAN, MUDAVANAL, PATTIMATTOM,
          KANJIRAPPALLY, KOTTAYAM, PIN - 686507

          BY ADVS.
          NOBLE MATHEW
          KUMARI SANGEETHA S.NAIR
          DEEPA NOBLE


RESPONDENTS:

    1     KANJIRAPALLY GRAMA PANCHAYAT,
          KANJIRAPPALLY P.O., KOTTAYAM DISTRICT,
          REPRESENTED BY ITS SECRETARY, PIN - 686507

    2     TOWN PLANNER & CONVENOR,
          REGULARISATION OF UNAUTHORIZED BUILDINGS,
          DISTRICT COMMITTEE KOTTAYAM,
          KOTTAYAM P.O., PIN - 686507

    3     THE PRESIDENT,
          KANJIRAPPALLY GRAMA PANCHAYAT,
          KANJIRAPPALLY P.O.,
          KOTTAYAM DISTRICT, PIN - 686507

    4     JOSE MATHEW,
          AGED 55 YEARS
          S/O. MATHEW, EEZHAKUNNEL,
          PATTIMATTOM, KANJIRAPPALLY,
          KOTTAYAM DISTRICT, PIN - 686507

    5     ACHAMMA JOSE,
          AGED 50 YEARS
          W/O. JOSE MATHEW, EEZHAKUNNEL,
 WP(C) NO. 41115 OF 2024

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                                                           2024:KER:87385
            PATTIMATTOM, PANACHEPALLY P.O.,
            KANJIRAPPALLY,
            KOTTAYAM DISTRICT, PIN - 686507



OTHER PRESENT:

            SMT.DEVI SHRI R., GP, SRI. K.S. ARUN KUMAR, SC


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41115 OF 2024

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                                                             2024:KER:87385

                         MOHAMMED NIAS C.P., J
                        ==========================
                         W.P(C) No.41115 of 2024
                        ==========================
                Dated this the 21st day of November, 2024


                               JUDGMENT

The petitioner challenges Ext.P7 order which was issued on

15.03.2019, which cannot be considered at this distance of time. The

petitioner also contends that Ext.P4 judgment passed by this Court on

15.03.2023 in W.P.(C) No. 38800 of 2016 was obtained playing fraud on the

Court. If that is the contention, the remedy open to the petitioner is to seek

a recall of Ext.P4 judgment.

Without prejudice to the right of the petitioner to take recourse to

the same, this writ petition is dismissed.

Sd/-

MOHAMMED NIAS C.P. JUDGE

LU WP(C) NO. 41115 OF 2024

2024:KER:87385

APPENDIX OF WP(C) 41115/2024

PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE COPY OF THE ORDER OF THE HONOURABLE SUBORDINATE JUDGES COURT AT PALA DATED 18/02/2009

EXHIBIT P2 A TRUE COPY OF THE JUDGEMENT OF THIS HONOURABLE COURT IN WP ( C ) NO 12248 OF 2010 DATED 04/01/2013

EXHIBIT P3 A TRUE COPY OF THE JUDGEMENT OF THIS HONOURABLE COURT IN WP ( C ) NO 12243 OF 2010 DATED 07/04/2010

EXHIBIT P4 TRUE COPY OF THE JUDGEMENT OF THIS HONOURABLE COURT IN WP(C) NO. 38800/2016 DATED 15/03/2023

EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 24/01/2024 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P6 TRUE COPY OF THE LETTER GIVEN BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT DATED 19/12/2023

EXHIBIT P7 A TRUE COPY OF THE ORDER NO. C/1716/2018/K. DIS ISSUED BY THE 2ND RESPONDENT DATED 15/03/2019

EXHIBIT P8 TRUE COPY OF THE FINAL ORDERS REGARDING REGULARIZATION OF UNAUTHORIZED CONSTRUCTION ISSUED BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT DATED 22.06.2019

True Copy // PA To Judge