V.N.Babu vs Kanjikuzhy Grama Panchayat
2024 Latest Caselaw 26600 Ker

Kerala High Court

V.N.Babu vs Kanjikuzhy Grama Panchayat on 5 September, 2024

Author: P Gopinath

Bench: P Gopinath

                                                          2024:KER:67399

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

    THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                        WP(C) NO. 24599 OF 2023

PETITIONER/S:

          V.N.BABU,AGED 64 YEARS
          S/O.NARASI, MANAGING PARTNER,
          SOUTHERN MINERAL INDUSTRIES, CHERTHALA,
          SETHULEKSHMIPURAM P.O,
          ALAPPUZHA DISTRICT, PIN - 688523


          BY ADV P.T.SHEEJISH


RESPONDENT/S:

    1     KANJIKUZHY GRAMA PANCHAYAT,
          REPRESENTED BY ITS SECRETARY,
          OFFICE OF THE KANJIKUZHY GRAMA PANCHAYAT,
          S.N. PURAM P.O, ALAPPUZHA DISTRICT, PIN - 688582

    2     SECRETARY,KANJIKUZHY GRAMA PANCHAYAT,
          OFFICE OF THE KANJIKUZHY GRAMA PANCHAYAT,
           S.N. PURAM P.O, ALAPPUZHA DISTRICT, PIN - 688582


          BY ADV DARSAN SOMANATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                             2024:KER:67399
WP(C) NO. 24599 OF 2023                 2



                                 JUDGMENT

The petitioner has approached this Court, being

aggrieved by the fact that certain proceedings have been

initiated against the petitioner under the provisions of the

Kerala Panchayat Raj Act,1994 and the Kerala Panchayat

Building Rules, 2019 on the premise that the petitioner has

carried out certain unauthorized constructions.

2. It is not disputed before me that though notices have

been issued to the petitioner, no final orders have been passed

by the Panchayat, directing demolition of the unauthorized

structure.

3. Learned counsel appearing for the petitioner would

submit that the petitioner has preferred an application for

regularization, which is on record as Ext.P6.

4. Learned Standing Counsel appearing for the

respondent Panchayat does not dispute that Ext.P6 has been

received and is pending consideration of the Panchayat. It is

submitted that the Panchayat has replied to the petitioner

stating that since the matter is pending before this Court, no

decision can be taken in the regularization application till this 2024:KER:67399

writ petition is disposed of.

5. Having heard the learned counsel appearing for the

petitioner and the learned Standing Counsel appearing for the

Panchayat, this writ petition will stand disposed of, directing the

Panchayat to consider and pass orders in Ext.P6, in accordance

with the law, after affording an opportunity of hearing to the

petitioner, within a period of one month from the date of receipt

of a certified copy of this judgment. Till such time as order are

passed on Ext.P6, further proceedings against the petitioner for

having effected unauthorised construction, shall remain

suspended. It is also made clear that if regularization is granted

by the Panchayat, the petitioner will be liable to pay property

tax at the rate applicable to unauthorized rates till the date of

regularization by the Panchayat.

The writ petition is disposed of as above.

Sd/-

GOPINATH P. JUDGE ajt 2024:KER:67399

APPENDIX OF WP(C) 24599/2023

PETITIONER EXHIBITS

Exhibit P1 COPY OF THE RENOVATION PLAN SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE PERMIT FEE REMITTANCE RECEIPT DATED 22/7/2022

Exhibit P3 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT

Exhibit P4 TRUE COPY OF THE NOTICE ALONG WITH ORDER DATED 07.07.2023 PASSED BY THE 2ND RESPONDENT

Exhibit P5 TRUE COPY OF THE REPLY DATED 14.07.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

RESPONDENT EXHIBITS

Exhibit R2(a) The true copy of the complaint dated nil preferred by member of panchayath

Exhibit R2(b) The true copy of report filed by the Assistant engineer LSGD, Kanjikuzhy Grama panchayath dated 30/06/2023

PETITIONER EXHIBITS

Exhibit P6 TRUE COPY OF THE APPLICATION FOR PERMIT/REGULARIZATION ALONG WITH POSTAL RECEIPTS SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS