E. Maneesh, vs State of Kerala,

Type Court Judgment Court Kerala Decided Jul 31, 2023

~8 min read

https://sooperkanoon.com/case/1350586

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1350586
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Jul 31, 2023
Case Number: WP(C)/11021/2023

Parties & Advocates

Appellant / Petitioner

E. Maneesh,

Respondent

State of Kerala,

Excerpt

.....after giving an opportunity of hearing to the affected parties. the issue relating to property tax agitated in w.p.(c) no.15305 of 2023 is left open. sd/- n. nagaresh judge sss :7: appendix of wp(c) 11021/2023 petitioner' exhibits exhibit p1 true copy of the counter affidavit filed by the 2nd respondent herein in wp(c ) no. 19946/2015 before this hon'ble court. exhibit p2 true copy of the common judgment dated this hon'ble court exhibit p3 true copy of the reply dated 16/9/2022 issued by the 3rd respondent under right to information act exhibit p4 true copy of the judgment dated this hon'ble court exhibit p5 true copy of the order dated 6/2/2023 of the 2nd respondent. exhibit p6 true copy of the review petition dated exhibit p7 true copy of the stay petition dated review petition. exhibit p8 true copy of the reply dated30.12.2015 issued by the state public information officer and under secretary of the local self government department, thiruvananthapuram along with its attachmentexhibit p9 true copy of the reply dated 12/6/2023 under right to information act issued by the station officer, fire and rescue station, panoor :8: appendix of wp(c) 15305/2023 petitioner's exhibits exhibit p1 true copy of the communication no. a3- the petitioner dated 28/11/2013 exhibit p2 true copy of the communication sent by the panoor grama panchayat to the petitioner dated 26/12/2013 exhibit p3 true copy of the stop memo issued by the panoor grama panchayat to the petitioner dated 27/01/2014 exhibit p4 true copy of the communication sent by the 3 rd respondent no. a3.1411/14 dated 21/03/2014 with report of town planner exhibit p5 true copy of the proceedings of the panoor grama panchayat no. a3-1411/14 dated 30/06/2015 exhibit p6 true copy of the letter of the government no. 12444/rb2/15/lsgd datedexhibit p7 true copy of the judgment in wp(c) no. exhibit p8 true copy of the judgment in wp(c) no. exhibit p9 true copy of the order of the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945 WP(C) NO. 11021 OF 2023 PETITIONER: E. MANEESH, AGED 46 YEARS, ETTUVEETTIL HOUSE, CHAMBAD P.O., THALASSERY, KANNUR DISTRICT, PIN - 670694 C.P.PEETHAMBARAN KARTHIKA PEETHAMBARAN RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT TOWN PLANNER / CONVEENER, DISTRICT REGULARIZATION EMPOWERED COMMITTEE, CONSTITUTED UNDER RULE 6(9) OF THE KERALA MUNICIPALITIES BUILDING (REGULARISATION OF UNAUTHORIZED CONSTRUCTION) RULES 2018, OFFICE OF THE DISTRICT TOWN PLANNER, TOWN AND COUNTRY PLANNING OFFICE, KANNUR, PIN - 670012 3 PANOOR MUNCIPALITY, REPRESENTED BY THE SECRETARY, PANNOOR P.O., KANNUR DISTRICT, PIN - 670692 4 THAYILAKKAL ABDUL LATHEEF, S/O. MAMMOTTY, NELLIYALLATHIL, KOORORA P.O., PANOOR, KANNUR DISTRICT, PIN - 670694
SRI.P.A.MOHAMMED SHAH, STANDING COUNSEL BY SMT.DEEPA N., SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2023, ALONG WITH WP(C).15305/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945 WP(C) NO. 15305 OF 2023 PETITIONER: T. ABDUL LATHEEF, AGED 53 YEARS, S/O. MAMMOOTY, KOORARA PO, CHAMPAD, THALASSERY TALUK, KANNUR DISTRICT -, PIN - 670694 K.MOHANAKANNAN D.S.THUSHARA RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -, PIN - 695001 2 DISTRICT TOWN PLANNER, DISTRICT TOWN PLANNING OFFICE, DPC SECRETARIAT, 2 ND FLOOR, CIVIL STATION (PO), KANNUR-, PIN - 670002 3 PANOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PANOOR, KANNUR DISTRICT -, PIN - 670692 4 THE SECRETARY, PANOOR MUNICIPALITY, PANOOR, KANNUR DISTRICT -, PIN - 670692
SRI.P.A.MOHAMMED SHAH, STANDING COUNSEL BY SMT.DEEPA N., SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2023, ALONG WITH WP(C).11021/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :3:

JUDGMENT

Dated this the 31st day of July, 2023 [W.P.(C) Nos. 11021 and 15305 of 2023] The petitioner in W.P.(C) No.11021 of 2023 is a resident of Panoor Municipality and claims to be a social worker. The petitioner has filed this writ petition seeking the following reliefs:

(i) Call for the records leading to issuance of Ext.P5 order dated 06.02.2023 from the 2nd respondent and quash Ext.P5 order by issuing a Writ of Certiorari or any other appropriate Writ,

Order or Direction;

(ii) Issue a Writ of Mandamus or any other

appropriate Writ, Order or Direction, directing the 1st respondent to consider and pass orders on Ext.P6 Review Petition and Ext.P7 Stay Petition within a time frame fixed by this Hon'ble Court;

(iii) Petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the Vernacular Language;

(iv) Such other reliefs as deem fit and proper by this Hon'ble Court in the facts and circumstances of the case.

2. W.P.(C) No.15305 of 2023 has been filed by the 4th respondent in W.P.(C) No.11021 of 2023 seeking the following reliefs: :4:

(i) To issue a writ of certiorari of any other appropriate writ or order or direction calling for records leading to Ext.P11 and quash the same;

(ii) To issue a writ of mandamus or any other

appropriate writ or order or direction directing respondents 3 and 4 to issue Occupancy Certificate and building number to the petitioner in terms of Ext.P9 within a time frame to be fixed by this Hon'ble Court;

(iii) To dispense with filing of the translation of vernacular documents;

(iv) To grant such other relief as this Hon'ble Court deem fit to grant in the interest of justice.

3. The grievance of the petitioner in W.P.(C)

No.11021 of 2023 is that the 4 th respondent has constructed a commercial building which according to the writ petitioner, is in gross violation of the Kerala Panchayat Building Rules. According to the petitioner, the Government had ordered a vigilance enquiry also in respect of the construction and in Ext.P1, a large number of Building Rule violations are indicated. There were gross violations in respect of the Building Plan also.

4. In spite of the petitioner taking up the cause and

agitating his grievances and in spite of the findings of the vigilance, the building of the petitioner stands regularised as per Ext.P5 order of the District Town Planner. The petitioner :5: would urge that apart from the violations pointed out in Ext.P1, the 4th respondent has not obtained NOC from the Department of Fire and Rescue Services of the Government of Kerala. According to the petitioner, such NOC is mandatory as per the Building Rules.

5. After hearing the parties on either side and after

hearing the Standing Counsel for Municipality, I find that aggrieved by Ext.P5, the petitioner has preferred Ext.P6 review petition invoking Rule 10 of the Kerala Municipality Building (Regularisation of Unauthorised Construction) Rules, 2018. As the petitioner has invoked his statutory remedy, it may not be proper for this Court to interfere in the matter at this stage. As the petitioner has filed statutory review petition, it would be only appropriate that the competent statutory authority is directed to consider the said petition. Needless to say, when such a review petition is pending before the Secretary to the Government, any trade licences etc. issued will be subject to the orders to be passed by the Government in the review petition. :6:

6. As far as W.P.(C) No.15305 of 2023 is concerned,

it is submitted that the Municipal Authorities have subsequently issued Occupancy Certificates to the petitioner. In view of the subsequent development, I find that no further orders are required in W.P.(C) No.15305 of 2023. Hence, W.P.(C) No.15305 of 2023 is dismissed. In the circumstances of the case, W.P.(C) No.11021 of 2023 is disposed of directing the 1 st respondent to consider Ext.P6 review petition submitted by the petitioner and pass appropriate orders thereon within a period of two months, after giving an opportunity of hearing to the affected parties. The issue relating to property tax agitated in W.P.(C) No.15305 of 2023 is left open. Sd/- N. NAGARESH JUDGE sss :7: APPENDIX OF WP(C) 11021/2023 PETITIONER' EXHIBITS EXHIBIT P1 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT HEREIN IN WP(C ) NO. 19946/2015 BEFORE THIS HON'BLE COURT. EXHIBIT P2 TRUE COPY OF THE COMMON JUDGMENT DATED THIS HON'BLE COURT EXHIBIT P3 TRUE COPY OF THE REPLY DATED 16/9/2022 ISSUED BY THE 3RD RESPONDENT UNDER RIGHT TO INFORMATION ACT EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED THIS HON'BLE COURT EXHIBIT P5 TRUE COPY OF THE ORDER DATED 6/2/2023 OF THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REVIEW PETITION DATED EXHIBIT P7 TRUE COPY OF THE STAY PETITION DATED REVIEW PETITION. EXHIBIT P8 TRUE COPY OF THE REPLY DATED

30.12.2015 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER AND UNDER SECRETARY OF THE LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM ALONG WITH ITS ATTACHMENT

EXHIBIT P9 TRUE COPY OF THE REPLY DATED 12/6/2023 UNDER RIGHT TO INFORMATION ACT ISSUED BY THE STATION OFFICER, FIRE AND RESCUE STATION, PANOOR :8: APPENDIX OF WP(C) 15305/2023 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMMUNICATION NO. A3- THE PETITIONER DATED 28/11/2013 EXHIBIT P2 TRUE COPY OF THE COMMUNICATION SENT BY THE PANOOR GRAMA PANCHAYAT TO THE PETITIONER DATED 26/12/2013 EXHIBIT P3 TRUE COPY OF THE STOP MEMO ISSUED BY THE PANOOR GRAMA PANCHAYAT TO THE PETITIONER DATED 27/01/2014 EXHIBIT P4 TRUE COPY OF THE COMMUNICATION SENT BY THE 3 RD RESPONDENT NO. A3.1411/14 DATED 21/03/2014 WITH REPORT OF TOWN PLANNER EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE PANOOR GRAMA PANCHAYAT NO. A3-1411/14 DATED 30/06/2015 EXHIBIT P6 TRUE COPY OF THE LETTER OF THE GOVERNMENT NO. 12444/RB2/15/LSGD DATED

EXHIBIT P7        TRUE COPY OF THE JUDGMENT IN WP(C) NO.
EXHIBIT P8        TRUE COPY OF THE JUDGMENT IN WP(C) NO.
EXHIBIT P9        TRUE COPY OF THE ORDER OF THE DISTRICT
                  TOWN      PLANNER,      KANNUR,     NO.

TCPKNR/435/2021-C DATED 06/02/2023 EXHIBIT P10 TRUE COPY OF THE COMMUNICATION SENT BY THE 3 RD RESPONDENT TO THE PETITIONER DATED 27/02/2023, NO. B.A.241/19-20 EXHIBIT P11 TRUE COPY OF THE COMMUNICATION SENT BY THE 3 RD RESPONDENT TO THE PETITIONER, NO. R.1(B.A)/241/19-20 DATED

EXHIBIT P12       TRUE COPY OF THE CHALAN ISSUED FROM
                  THE   SUB    TREASURY,   PANOOR  DATED
EXHIBIT P13       TRUE COPY OF THE RECEIPT ISSUED BY THE

PANOOR MUNICIPALITY DATED 15/05/2023 EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 3 RD RESPONDENT DATED 26/05/2023

Same Court & Year Kerala · 2023 Same Parties E. Maneesh, vs State of Kerala, Same Judge Honourable Mr.Justice N.Nagaresh