Petitioner challenged proceedings against industrial unit pending regularisation of unauthorised construction. Court directed Panchayat to consider application within 3 months.
Directed 1st respondent to consider regularisation application within 3 months and stay further proceedings under P1 order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937
WP(C).No.19346 of 2014 (P)
PETITIONER :
M/S.M & T POLYMERS, ALATTUCHIRA P.O., CHETTINADA-683 544, ERNAKULAM DISTRICT, REP. BY ITS MG. PARTNER, THANKACHAN GEORGE.
BY ADV. SRI.FEBIN J.VELUKARAN
RESPONDENTS :
R1 BY ADV. SRI.ARUN BASIL, SC, MUDAKKUZHA GRAMA PANCHAYAT R3 BY SR.GOVERNMENT PLEADER SRI.L.ALOSIOUS THOMAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19346 of 2014 (P)
APPENDIX
PETITIONER'S EXHIBITS :-
EXHIBIT P1 : TRUE COPY OF THE SAID ORDER DATED 01.07.2014 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P2 : TRUE COPY OF THE SAID INSPECTION REPORT MADE BY THE 3RD RESPONDENT AND FORWARDED TO THE 2ND RESPONDENT. EXHIBIT P3 : TRUE COPY OF THE LETTER DATED 16.11.2013 ISSUED BY THE 3rd RESPONDENT.
EXHIBIT P4 : TRUE COPY OF THE SAID APPLICATION FOR REGULARISATION AND THE ACKNOWLEDGMENT RECEIPT ISSUED THEREIN BY THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS :- NIL.
True copy
P.A to Judge
ANIL K.NARENDRAN, J.
W.P.(C)No.19346 of 2014
Dated this the 4th day of December, 2015
JUDGMENT
The petitioner has filed this Writ Petition seeking a writ of mandamus commanding the Secretary of Mudakuzha Grama Panchayat, the 1st respondent herein to keep in abeyance all proceedings pursuant to Ext.P1 order dated 1.7.2014 till a final decision is taken on Ext.P4 application submitted by the petitioner dated 28.9.2013 for regularisation of the construction already made.
W.P.(C).No.19346 of 2014
2
thereafter approached this Court in this Writ Petition seeking various reliefs.
the 1st respondent is the competent authority to take action as per rules against unauthorised constructions and it is for the said respondent to consider the application for regularisation of the construction, as per rules.
1st respondent to consider Ext.P4 application filed by the petitioner
W.P.(C).No.19346 of 2014
3
for regularization of the construction already made and pass appropriate orders thereon strictly in accordance with rules. A decision in this regard shall be taken as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment, with notice to the petitioner. Till such time all further proceedings pursuant to Ext.P1 shall be kept in abeyance.
It is made clear that this Court has not expressed anything on the merits of the claim made by the petitioner for regularisation of the construction already made, and it is for the 1st respondent to consider the said request strictly in accordance with law.
The Writ Petition is disposed of as above.
Sd/- ANIL K.NARENDRAN, JUDGE
skj
True copy P.A to Judge
2 issues framed by the court
Whether the petitioner is entitled to stop proceedings on notice of pending regularisation application.
Whether the Grama Panchayat is under an obligation to consider the regularisation application expeditiously.
M/S. M & T Polymers
The Secretary, Mudakuzha Grama Panchayat
The Chief Town Planner
Senior Town Planner
Anil K. Narendraan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
