Disposed

Nalinakshi v. the Secretary Grama Panchayat

Kerala HC5 Nov 2018WP(C)/10360/2018

Case brief

AI extract

What is this about?

A writ petition challenging the disposal of a building permit application was heard. The court directed the 1st respondent Panchayat to inspect the site and reconsider the application within a month after the petitioner complied with water channel conditions.

What did the court decide?

Direction to the 1st respondent to consider Ext.P16, conduct site inspection, and reconsider the building permit application within a month.

Nalinakshi Vs the Secretary Grama Panchayat — Writ and Judicial Review | Kerala HC (2018)

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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 SHAJI P.CHALY

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MONDAY ,THE 05TH DAY OF NOVEMBER 2018 / 14TH KARTHIKA, 1940

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WP(C).No. 10360 of 2018

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PETITIONER:

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NALINAKSHI

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AGED 54 YEARS, W/O.PONNAPPAN, ASWATHI BHAVAN, MUTHUKULAM NORTH, ALAPPUZHA DISTRICT-690506.

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BY ADVS.

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SRI.V.MADHUSUDHANAN SRI.K.SANTHOSH KUMARAN THAMPI

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RESPONDENTS:

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1 THE SECRETARY GRAMA PANCHAYAT, MUTHULULAM, ALAPPUZHA DISTRICT-690506.

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2 SHO KANAKAKKUNNU POLICE STATION MUTHUKULAM, ALAPPUZHA DISTRICT-690531.

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ADDL. BINU R3 AGED 32 YEARS

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S/O MANIYAN CHETTIYAR, AKSHAYA SOUDHAM, MUTHUKULAM NORTH, MUTHUKULAM PO, ALAPPUZHA DISTRICT.

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ADDL.R3 IS IMPLEADED AS PER ORDER DATED 21.5.2018 IN I.A NO.6517/2018

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R1 BY ADV.SRI.B.S.SIVAJI

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R2 BY SMT.RAJI.T.BHASKAR,GOVERNMENT PLEADER ADDL.R3 BY SRI.P.SREEKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10360 of 2018

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JUDGMENT

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Petitioner is the owner of an extent of 8.33 Ares of property situate in Re-Sy.No.105/13/2/4 in Muthukulam Village, Alappuzha District. Petitioner has submitted an application for building permit before the 1^st respondent, which was declined as per Ext.P6 order assigning the reason that, petitioner has not constructed a water channel in accordance with the permit granted to the petitioner by the Revenue Divisional Officer under clause 6 of the Kerala Land Utilization Order, 1967, evident from Ext.P2. According to the petitioner, being aggrieved by Ext.P6 petitioner has preferred an appeal before the Deputy Director of Panchayat and as per Ext.P13 the Secretary of the Panchayat is directed to re-consider the building permit application pertaining to Ext.P3 receipt, submitted by the petitioner, if the petitioner has complied with the rider contained in Ext.P2 to provide a water channel so as to facilitate the flow of water. Now petitioner constructed the water channel and thereupon

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WP(C).No. 10360 of 2018 3

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petitioner has submitted Ext.P16 petition before the 1^st respondent seeking to inspect the site and reconsider the application for building permit. Learned counsel for petitioner submitted that, the situation would suffice, if a direction is issued to the Secretary of the Panchayat to consider Ext.P16

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application and then re-consider the building permit application submitted by the petitioner.

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Third respondent has filed a counter affidavit justifying the stand adopted by the Panchayat in view of the inaction on the part of the petitioner in not complying with the conditional directions contained in Ext.P2 order passed under clause 6 of the Kerala Land Utilization Order, 1967.

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A statement is filed by the 2^nd respondent, however, I am not going through the details of the statement and counter affidavit. In view of the limited nature of order I propose to pass, notice to

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the 2^nd respondent is dispensed with. Even though

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various contentions are raised, the learned counsel for petitioner submitted that, petitioner would be

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WP(C).No. 10360 of 2018 4

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satisfied, if a direction is issued to dispose of Ext.P16.

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Having heard respective counsel across the Bar

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and perusing the pleadings and documents, there will

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be a direction to the 1^st respondent to consider

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Ext.P16 application submitted by the petitioner, conduct site inspection and re-consider the application submitted by the petitioner, evident from Ext.P3 seeking building permit irrespective of the findings contained in Ext.P6 order passed by the 1^st respondent dated 3.4.2018 at the earliest possible time and at any rate within a month from the date of receipt of a copy of this judgment, if required after securing participation of the petitioner as well as the 3^rd respondent.

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Writ petition is disposed of accordingly.

Smv 8.11.2018

Sd/-

SHAJI P.CHALY

JUDGE

WP(C).No. 10360 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF THE CERTIFICATE GIVEN BY THE AGRICULTRUAL OFFICER DATED 09-03-2018.
EXHIBIT P2	THE TRUE COPY OF THE ORDER DATED 18-12-2017 ISSUED BY REVENUE DIVISIONAL OFFICER, CHENGANNUR.
EXHIBIT P3	THE TRUE COPY OF THE ACKNOWLEDGEMENT DATED 20- 01-2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE STOP MEMO ISSUED BY THE 1ST RESPONDENT DATED 05-02-2018.
EXHIBIT P5	THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 06-03-2018.
EXHIBIT P6	A TRUE COPY OF THE ORDER NO.A8-325/17 DATED 3.4.2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P7	A TRUE COPY OF THE INTERIM INJUNCTION PASSED BY THE MUNSIFF'S COURT, HARIPPAD IN IA.NO. 1854/17 IN O.S.NO. 281/2017.
EXHIBIT P8	A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT BEFORE THE INFORMATION OFFICER, MUTHUKULAM VILLAGE.
EXHIBIT P9	A TRUE COPY OF THE REPLY OF THE INFORMATION OFFICER, MUTHUKULAM VILLAGE.
EXHIBIT P10	PHOTOGRAPH OF THE WATER PASSAGE.
EXHIBIT P11	PHOTOGRAPH OF THE WATER PASSAGE.
EXHIBIT P12	PHOTOGRAPH OF THE SITE.
EXHIBIT P13	A TRUE COPY OF THE LETTER DATED 02.3.2018 ISSUED BY THE DEPUTY DIRECTOR OF PANCHAYATH,ALAPPUZHA.
EXHIBIT P14	A TRUE COPY OF THE REPORT NO.H1-13378/17 DATED

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WP(C).No. 10360 of 2018

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22.10.2017 SUBMITTED BY THE TAHSILDAR, LAND REVENUE, KARTHIKAPALLY BEFORE THE REVENUE DIVISIONAL OFFICER, CHENGANNUR.

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EXHIBIT P15 A TRUE COPY OF THE PHOTOGRAPH EXHIBIT P16 A TRUE COPY OF THE PETITION DATED 10.10.2018 WITH OUT ENCLOSURES SUBMITTED BEFORE THE 1ST RESPONDENT. EXHIBIT P17 A TRUE COPY OF THE RECEIPT.

Nalinakshi v. the Secretary Grama Panchayat

Case brief

What is this about?

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Nalinakshi v. the Secretary Grama Panchayat

Case brief

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