Disposed

P.K.Mohanan v. Kaipamangalam Gramapanchayath

Kerala HC23 Jul 2018WP(C)/11488/2018

Case brief

AI extract

What is this about?

In WP(C) No. 11488 of 2018, the High Court of Kerala directed the Building Permit Committee to consider the petitioner's application for regularisation of a construction exceeding approved plinth area within three months, issued an opportunity of hearing, and ordered the Panchayat to act upon any order obtained.

What did the court decide?

Direction to the Building Permit Committee to consider the application for regularisation within three months after providing an opportunity of hearing. Direction to the Panchayat to consider the appl

P.K.Mohanan Vs Kaipamangalam Gramapanchayath — Public Procurement and Tenders | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

MONDAY, THE 23RD DAY OF JULY 2018 / 1ST SRAVANA, 1940

¶5

WP(C).No. 11488 of 2018

¶6

PETITIONER(S)

¶7

P.K.MOHANAN, AGED 67 YEARS,

¶8

S/O.KUMARAN, PUTHUR HOUSE, P.O.KAIPAMANGALAM, THRISSUR DISTRICT.

¶9

BY ADV.SRI.V.M.KRISHNAKUMAR

¶10

RESPONDENT(S):

¶11

1. KAIPAMANGALAM GRAMAPANCHAYATH,

¶12

REPRESENTED BY ITS SECRETARY,

¶13

KAIPAMANGALAM,

¶14

THRISSUR DISTRICT, PIN-680662.

¶15

2. SECRETARY,

¶16

KAIPAMANGALAM GRAMAPANCHAYATH,

¶17

KAIPAMANGALAM,

¶18

THRISSUR DISTRICT, PIN-680662.

¶19

3. VILLAGE OFFICER,

¶20

KAIPAMANGALAM VILLAGE,

¶21

KAIPAMANGALAM,

¶22

THRISSUR DISTRICT, PIN-680662.

¶23

4. AGRICULTURAL OFFICER,

¶24

KRISHI BHAVAN,

¶25

KAIPAMANGALAM,

¶26

THRISSUR DISTRICT, PIN-680662.

¶27

R3 & R4 BY SENIOR GOVERNMENT PLEADER SRI.P.M.MANOJ

¶28

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶29

¶30

WP(C).No. 11488 of 2018 (I)

¶31

APPENDIX

¶32

PETITIONER(S)' EXHIBITS -----------------------

¶33

EXHIBIT P1	TRUE COPY OF THE BASIC TAX RECEIPT ISSUED TO THE PETITIONER DATED 24-02-2018.
EXHIBIT P2	TRUE COPY OF THE BUILDING PERMIT DATED 10-02-2009 ISSUED BY KAIPAMANGALAM GRAMAPANCHAYATH ALONG WITH APPROVED PLAN.
EXHIBIT P3	TRUE COPY OF THE PHOTOGRAPH OF THE CONSTRUCTED BUILDING.
EXHIBIT P4	TRUE COPY OF THE LETTER DATED 09-03-2018 ISSUED BY THE SECRETARY KAIPAMANGALAM GRAMAPANCHAYATH.
EXHIBIT P5	TRUE COPY OF CIRCULAR NO.96/R.A1/2017/LSGD DATED 19-01-2018.
EXHIBIT P6	TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE COMMITTEE DATED 10.7.2018.

¶34

RESPONDENT(S)'EXHIBITS - NIL -----------------------------

/TRUE COPY/

PS TO JUDGE

TS 24.07.2018

SHAJI P. CHALY, J.

¶39

W.P.(C) No.11488 of 2018

¶40

Dated this the 23^rd day of July, 2018

¶41

J U D G M E N T

¶42

Petitioner is the owner in possession of an extent of 7.5 cents of property situate in Sy.Nos.323/13 and 324/8 of Kaipamangalam Village. According to the petitioner, the said property was purchased in the year 2008 with an intention to construct a residential building. Petitioner applied before the Panchayat for building permit and constructed the building. As per the approved plan, the plinth area of the building was 174.61 M² . However, after construciton, the plinth area of the building is 201.93M² . Thereupon, petitioner has submitted an application for regularisation of the building since the construction has exceeded the actual sanctioned plinth area. Then the Panchayath has issued a letter dated 9.3.2018 stating that, the property in question is mentioned in the revenue records as 'nanja' and hence in view of the notification

¶43

W.P.(C) No.11488 of 2018

¶44

¶45

dated 30.12.2017 of the State Government, sanction can be granted only for 120 M² plinth area for residential building. Therefore, the application for regularisation can be considered only after producing the order under Kerala Land Utilization Order. According to the petitioner, by virtue of Ext.P15 circular dated 19.1.2018 issued by the State Government the committee constituted for the purpose is vested with power to consider such application. Thereupon, petitioner has submitted Ext.P6 application seeking appropriate orders in accordance with the circular specified above and seeks early disposal of the same.

¶46

Having heard learned counsel for petitioner and learned Senior Government Pleader, there will be a direction to the committee headed by the 4^th respondent to consider Ext.P6 in accordance with law and attain finalty at the earliest possible time and at any rate within three months from the date of receipt of a copy of this judgment, after providing an opportunity of hearing to the petitioner.

¶47

W.P.(C) No.11488 of 2018

¶48

¶49

Petitioner is also directed to produce a copy of this writ petition along with all appended documents before the 4^th respondent for appropriate action. If the petitioner is securing an order as is directed above, 2^nd respondent shall consider the application for regularisation submitted by the petitioner in accordance with law at the earliest.

¶50

Sd/- SHAJI P. CHALY JUDGE

¶51

smv 23.7.2018

P.K.Mohanan v. Kaipamangalam Gramapanchayath

Case brief

What is this about?

What did the court decide?

P.K.Mohanan v. Kaipamangalam Gramapanchayath

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shereef Vs R.N. Vrindadevi , Tahsildar, Kananyannur Taluk

Bijumon A.P Vs Narendrababu

Ajayakumar Vs Kadakkavoor Grama Panchayath

Hemanth Kumar Vs M.Sureshan

Balan Vs Local Level Monitoring Committee

Ansar Basheer Vs the District Collector,Kollam