Ittira V.J vs Secretary
2024 Latest Caselaw 29642 Ker

Kerala High Court

Ittira V.J vs Secretary on 17 October, 2024

WP(C) NO. 26012 OF 2023            1


                                              2024:KER:77304
           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 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

               BY ADVS.
               LIJU.V.STEPHEN
               INDU SUSAN JACOB
               P.M.HRIDYA
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

               BY ADVS.
               K.S.ARUN KUMAR
               P.M.RAFIQ


        THIS    WRIT   PETITION     (CIVIL)     HAVING    COME    UP    FOR
ADMISSION       ON   17.10.2024,       THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 26012 OF 2023                       2


                                                                                    2024:KER:77304
                           MOHAMMED NIAS C.P., J
                  ............................................................
                           W.P(C) No.26012 of 2023
                    .............................................................
                 Dated this the 17th day of October, 2024

                                        JUDGMENT

The writ petition is filed for seeking the following

prayers:-

i) To call for records leading to Exts. P11 and P16

ii) To set aside Exts. P11 and P16 orders and thereafter direct the 1st Respondent to hear the Petitioners in accordance with law and thereafter to pass fresh orders in accordance with law

iii) Petitioner also prayed that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.

And

iv) To issue such other appropriate Writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.

In view of the judgment passed by this Court in W.P.(C)

No.20569 of 2024 dated 21.08.2024 filed by the same petitioners,

nothing further remains to adjudicate in this writ petition and the

same is accordingly closed.

Sd/-

MOHAMMED NIAS C.P. JUDGE Anu

2024:KER:77304

APPENDIX OF WP(C) 26012/2023

PETITIONER EXHIBITS

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

2024:KER:77304 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