Salimol Justine vs Edakattuvayal Grama Panchayath
2024 Latest Caselaw 29653 Ker

Kerala High Court

Salimol Justine vs Edakattuvayal Grama Panchayath on 17 October, 2024

                                                         2024:KER:77735

                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. 23354 OF 2023
PETITIONER:

              SALIMOL JUSTINE,
              AGED 60 YEARS
              REPRESENTED BY HER POWER OF ATTORNEY HOLDER
              A.A.JUDE,WIFE OF MICHAEL JUSTINE,
              RESIDING AT C.C.17/1459, PATTALATH HOUSE,
              RAMESWARAM VILLAGE, MUNDAMVELI P.O., KOCHI TALUK,
              ERNAKULAM DISTRICT, REPRESENTED BY HER POWER OF
              ATTORNEY HOLDER A.A.JUDE, AGED 61 YEARS, SON OF ANTONY
              RESIDING AT C.C.17/1711, AKYAZHATH HOUSE, RAMESWARAM
              VILLAGE, MUNDAMVELI P.O., KOCHI TALUK, ERNAKULAM
              DISTRICT,
              PIN - 682 507.


              BY ADVS.
              P.M.ZIRAJ
              IRFAN ZIRAJ

RESPONDENTS:

              EDAKATTUVAYAL GRAMA PANCHAYATH,
              EDAKATTUVAYAL P.O., ERNAKULAM DISTRICT,
     1
              REPRESENTED BY ITS SECRETARY, PIN - 682 313.

              THE SECRETARY,
              EDAKATTUVAYAL GRAMA PANCHAYATH, EDAKATTUVAYAL P.O.,
     2
              ERNAKULAM DISTRICT, PIN - 682 313.

              BY ADV JIBU P THOMAS, SC

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.23354 of 2023
                                       2


                                                               2024:KER:77735


                        MOHAMMED NIAS C.P., J
                      -------------------------------------
                       W.P(C) No.23354 of 2023
           -----------------------------------------------------------
            Dated this the 17th day of October, 2024


                              JUDGMENT

The petitioner challenges Ext.P4 order dated 17.06.2023 passed

by the 2nd respondent, the Secretary of the Panchayat rejecting the

application submitted by the petitioner seeking a building permit. It is

not disputed that the said order was passed without notice to the

petitioner though the same adversely affect his civil/proprietary rights.

On the short ground of violation of the principles of natural justice,

Ext.P4 is quashed. There will be a direction to the 2 nd respondent to

reconsider the application for building permit submitted by the

petitioner and in case the same cannot be granted, issue a notice to

the petitioner pointing out the defects, if any and after giving a

reasonable opportunity of hearing, the Panchayat shall pass orders in

accordance with law.

2. The panchayat shall issue notices as directed above within

four weeks from today. On receipt of the petitioner's objections, final

orders will be passed within four weeks thereafter

2024:KER:77735

The impugned order is quashed, and the writ petition is allowed

as above.

Sd/-

                                         MOHAMMED NIAS C.P.
SCB                                                JUDGE




                                                     2024:KER:77735



                      PPENDIX OF WP(C) 23354/2023

PETITIONER EXHIBITS

TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PROPERTY OF PETITIONER DATED 3.11.2022 EXHIBIT P1 ISSUED BY THE VILLAGE OFFICER, EDAKATTUVAYAL VILLAGE.

TRUE COPY OF THE RELEVANT PORTION OF THE BUILDING PLAN INCLUDING THE DETAILS OF EARTH EXHIBIT P2 PROPOSED TO BE REMOVED FROM THE FOUNDATION OF THE BUILDING.

TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE SECOND RESPONDENT ON BEHALF OF EXHIBIT P3 FIRST RESPONDENT DATED 3.1.2023.

TRUE COPY OF THE ORDER DATED 17.6.2023 ISSUED EXHIBIT P4 BY THE SECOND RESPONDENT.

TRUE COPY OF JUDGMENT OF THIS HONOURABLE COURT DATED 17.08.2022 IN JOSE THOMAS PATTARA EXHIBIT P5 VS. UZHAVOOR GRAMA PANCHAYATH 2022(5) KLT

RESPONDENT EXHIBITS

TRUE COPY OF THE G.O MS/04/13/ENVT DATED EXHIBIT R1(A) 13.05.2013.