Disposed

Rajan Babu v. Deputy Director of Panchayath

Kerala HC18 Jun 2012WP(C)/5578/2012

Case brief

AI extract

What is this about?

This writ petition concerned a failure of the Panchayat to pass an order on an application for numbering a residential building. The Court directed the Panchayat to pass orders and communicate them to the petitioner within four weeks, as inaction deprived the petitioner of the right to challenge a potential adverse decision.

What did the court decide?

Directed the Panchayat to pass orders on the petitioner's application and communicate the same within 4 weeks.

Rajan Babu Vs Deputy Director of Panchayath — Municipal and Town Planning | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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MONDAY, THE 18TH DAY OF JUNE 2012/28ND JYAISHTA 1934

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WP(C).No. 5578 of 2012 (V)

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PETITIONER:

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RAJAN BABU, S/O. JANARDHANAN PILLAI, AISWARYA, THEKKEVILA.P.O, MUNDAKKAL VILLAGE, KOLLAM.

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BY ADV. SRI.PRATHEESH.P.

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RESPONDENTS:

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1. DEPUTY DIRECTOR OF PANCHAYATH, CIVIL STATION, KOLLAM - 691 013.

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2. THRIKKARUVA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KANJAVALLY.P.O, KOLLAM - 691 602.

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3. SECRETARY, THRIKKARUVA GRAMA PANCHAYATH, KANJAVALLY.P.O, KOLLAM - 691 602.

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R1 BY GOVERNMENT PLEADER SRI. M. MOHAMMED SHAFI, R2 & R3 BY ADVS. SRI. V.V.RAJA, SRI.M.T.SURESHKUMAR.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).NO.5578/2012-V:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT-P1TRUE COPY OF THE AWARD PASSED IN THE ADALATH NO. C/20 (55)/2011 DATED 04/02/2011.

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EXHIBIT-P2TRUE COPY OF THE REPRESENTATION DATED 17/12/2011 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

ANTONY DOMINIC, J. ================ W.P.(C) NO. 5578 OF 2012

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===================

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Dated this the 18^th day of June, 2012

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J U D G M E N T

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Heard the learned counsel for the petitioner and also the learned counsel for respondents 2 and 3.

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The grievance of the petitioner is that in 8.90 Ares of land in R.S.No.206/5-3 and 205/5-2 of Thrikkaruva Village, he constructed a residential building on the basis of a permit issued by the Panchayat in November, 2010. He applied to the Panchayat for numbering the building and that although all details called for by the Panchayat were furnished, orders have not been passed on the application. It is in these circumstances, the writ petition has been filed.

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Learned counsel appearing for the Panchayat submitted that since the construction in question was in violation of the provisions contained in the Building Rules, the building in question cannot be numbered.

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Even if Panchayat has such a case, that does not mean that the Panchayat should not pass an order and communicate the same to the petitioner. Only if such an order is so

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:2 :

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WPC.No.5578/12

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communicated, can the petitioner pursue the remedies against the order, if he is aggrieved.

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In such circumstances, I dispose of this writ petition directing that the Panchayat will pass orders on the application made by the petitioner and communicate the same to him. This shall be done as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment along with a copy of the writ petition.

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ANTONY DOMINIC, JUDGE

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Rajan Babu v. Deputy Director of Panchayath

Case brief

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Rajan Babu v. Deputy Director of Panchayath

Case brief

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