Writ petition challenging the Panchayat's rejection of a building numbering application due to a pending civil suit. Court held monetary dispute does not justify rejection and quashed order.
Exhibit P2 set aside; respondents directed to consider building numbered application afresh within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
THURSDAY, THE 23RD DAY OF MAY 2013/2ND JYAISHTA 1935
WP(C).No. 8028 of 2013 (C)
PETITIONER(S):
1. MOHANAN, AGED 55 YEARS S/O.SUBRAMANIAN PILLAI.
2. SREELATHA, W/O.MOHANAN. PETIITIONERS ARE RESIDING AT VELMURUGAN ILLAM, CHULLIMADA PUDUSSERY AMSOM DESOM, PALAKKAD TALUK AND DISTRICT.
BY ADV. SRI.JACOB SEBASTIAN
RESPONDENT(S):
1. THE PUDUSSERY GRAMA PANCHAYAT REP.BY ITS SECRETARY, KANJIKODE P.O, PALAKKAD 678 621.
2. THE SECRETARY
BY SRI.BABU JOSEPH KURUVATHAZHA,SC,PUDUSERRY GRAMA PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-05-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8028 of 2013 (C) ---------------------------
APPENDIX
PETITIONER'(S) EXHIBITS:
EXHIBIT P1. A TRUE COPY OF THE BUILDING PERMIT DATED 12.9.2011.
EXHIBIT P3. A TRUE COPY OF THE PLAINT IN OS 131/2010 OF THE SUB COURT, PALAKKAD.
RESPONDENT'(S) EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
BKA
K.SURENDRA MOHAN, J. --------------------------------------------W.P.(C) No.8028 of 2013-C
Dated this the 23rd day of May, 2013
J U D G M E N T
The petitioners are aggrieved by the action of the first respondent Panchayat in rejecting an application for numbering of a building submitted by them. The petitioners' application has been rejected by Exhibit P2. The reason for rejection of the petitioners' application is that a civil suit is pending between the petitioner and one Sri. L. Bala Subrahmanian, S/o Linkappa Pillai, Coimbatore.
W.P.(C)No.8028 of 2013
: 2 :
that is pending before the Sub Court, Palakkad. Exhibit P3 is the plaint in the suit filed by Sri.L. Bala subrahmanian referred to in Exhibit P2. The subject matter of Exhibit P3 is a debt, for the recovery of which the suit has been filed. Therefore, the petitioners seek the issue of appropriate directions quashing Exhibit P2 and directing the building to be numbered.
W.P.(C)No.8028 of 2013
: 3 :
rejecting the petitioners' application for the reason that the said civil suit was pending. Exhibit P2 is for the above reasons set aside.
This writ petition is disposed of directing the respondents to consider the application for building permit submitted by the petitioners afresh and to pass necessary orders thereon, after verifying whether the building has been constructed in accordance with Exhibit P1 building permit and the Building Rules that are applicable. Action in this regard shall be initiated and completed, within a period of one month of the date receipt of a copy of this judgment.
Sd/-
K.SURENDRA MOHAN, JUDGE
kkj
//true copy//
PA to JUDGE
2 issues framed by the court
Whether a pending civil suit for monetary recovery is a valid ground to reject an application for building numbering.
Whether the impugned rejection order directing quashing should be set aside.
MOHANAN
SREELATHA
THE PUDUSSERY GRAMA PANCHAYAT REP.BY ITS SECRETARY
K.SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
