Sunil Kumar vs 1. Purameri Grama Panchayath, Represented by Its Secretary

Type Court Judgment Court Kerala Decided Jun 13, 2022

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Citation: sooperkanoon.com/1445367
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jun 13, 2022
Case Number: WP(C)/2435/2022

Parties & Advocates

Appellant / Petitioner

Sunil Kumar

Respondent

1. Purameri Grama Panchayath, Represented by Its Secretary

Excerpt

.....the application for ext p6 application under the provisions of kerala panchayath building rules, 2011; and issue a consequential direction to number the building.(ii) issue any other direction or order which may be found just and necessary in the facts and circumstances o f the case.” [sic]2. this writ petition is filed mainly challenging ext.p7.in ext.p7, the building permit of the petitioner is not considered noting certain defects. the grievance of the petitioner is that in similar situation, the numbering is already given to buildings with additional construction. whatever that may be, ext.p7 is only a show cause notice. the petitioner is free to submit his explanation to the secretary of the panchayat with documents to substantiate his case. if such an wp(c) no. 2435 of 2022 3 explanation is received by the panchayat, the panchayat will do the needful, in accordance to law, if in similar situation, numbering is given. therefore, this writ petition is disposed of with following directions : 1) the petitioner is free to submit his explanation to ext.p7 within two weeks from the date of receipt of a copy of this judgment. 2) once the explanation is received by the 2 nd respondent, the 2nd respondent will consider the explanation and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within two weeks from the date of receipt of the explanation. 3) all the contentions raised by the petitioner in this writ petition are left open. sd/- p.v.kunhikrishnan judge sks wp(c) no. 2435 of 2022 4 appendix of wp(c) 2435/2022 petitioner exhibits exhibit1 a true copy of the order, dated 26.08.2016 in complaint no. 819/2016 by exhibit2 a true copy of the counter statement, dated 18.01.2018 in o.p.no. 825 of 2018 filed by the 1st respondent herein before exhibit3 a true copy of the decision, dated 26.06.2018 in o.p.no. 825 of 2017 by the ombudsman for local self government exhibit4 a true copy of.....

Full Judgment

WP(C) NO. 2435 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 13TH DAY OF JUNE 2022 / 23RD JYAISHTA, 1944 WP(C) NO. 2435 OF 2022 PETITIONER/S: SUNIL KUMAR AGED 40 YEARS S/O. GOPALAN, PUTHANPURAYIL HOUSE, PURAMERI P.O., VIA VATAKARA, M.P.SREEKRISHNAN SUHAIL ALI.A A.MUHAMMED MUSTHAFA RESPONDENT/S: 1 1. PURAMERI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY PURAMERI P.O.,
2 2. SECRETARY, PURAMERI GRAMA PANCHAYATH PURAMERI GRAMA PANCHAYATH, PURAMERI P.O., KOZHIKODE - 673 503. 3 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM. , PIN - 695001 THOUFEEK AHAMED P.A.AHAMMED(A-411),SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2435 OF 2022 2 P.V.KUNHIKRISHNAN, J -------------------------------------------- W.P.(C.) No. 2435 of 2022 -------------------------------------- Dated this the 13th day of June, 2022

JUDGMENT

The above writ petition is filed with following prayers : “(i) Issue a Writ of mandamus, directing Respondents No.1 to consider the application for Ext P6 application under the provisions of Kerala Panchayath Building Rules, 2011; and issue a consequential direction to number the building.

(ii) Issue any other Direction or Order which may be found just and necessary in the facts and circumstances o f the case.” [SIC]

2. This writ petition is filed mainly challenging Ext.P7.

In Ext.P7, the building permit of the petitioner is not considered noting certain defects. The grievance of the petitioner is that in similar situation, the numbering is already given to buildings with additional construction. Whatever that may be, Ext.P7 is only a show cause notice. The petitioner is free to submit his explanation to the Secretary of the Panchayat with documents to substantiate his case. If such an WP(C) NO. 2435 OF 2022 3 explanation is received by the Panchayat, the Panchayat will do the needful, in accordance to law, if in similar situation, numbering is given. Therefore, this writ petition is disposed of with following directions : 1) The petitioner is free to submit his explanation to Ext.P7 within two weeks from the date of receipt of a copy of this judgment. 2) Once the explanation is received by the 2 nd respondent, the 2nd respondent will consider the explanation and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within two weeks from the date of receipt of the explanation. 3) All the contentions raised by the petitioner in this writ petition are left open. SD/- P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 2435 OF 2022 4 APPENDIX OF WP(C) 2435/2022 PETITIONER EXHIBITS Exhibit1 A TRUE COPY OF THE ORDER, DATED 26.08.2016 IN COMPLAINT NO. 819/2016 BY Exhibit2 A TRUE COPY OF THE COUNTER STATEMENT, DATED 18.01.2018 IN O.P.NO. 825 OF 2018 FILED BY THE 1ST RESPONDENT HEREIN BEFORE Exhibit3 A TRUE COPY OF THE DECISION, DATED 26.06.2018 IN O.P.NO. 825 OF 2017 BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT Exhibit4 A TRUE COPY OF THE GAZETTE PUBLICATION, DATED 1.10.2020 Exhibit5 A TRUE COPY OF THE PROCEEDINGS, DATED 03.08.2021 ISSUED BY THE REVENUE DIVISIONAL OFFICER, VATAKARA Exhibit6 A TRUE COPY OF THE ONLINE APPLICATION FOR PERMIT/REGULARIZATION SUBMITTED BEFORE 1ST RESPONDENT Exhibit7 . A TRUE COPY OF THE ORDER, DATED 22.11.2021 ISSUED BY THE 1ST RESPONDENT

Same Court & Year Kerala · 2022 Same Parties Sunil Kumar vs 1. Purameri Grama Panchayath, Represented by I... Same Judge Honourable Mr. Justice P.V.Kunhikrishnan