Quashed

Vijaya Cleetus v. the Punnpra North Village Panchayath

Kerala HC10 Jul 2018WP(C)/87/2013

Case brief

AI extract

What is this about?

The petitioner challenged an order cancelling his development permit, arguing that the Secretary lacked the power to do so based on the Panchayat Committee's decision alone. The court held that the executive officer must exercise independent statutory powers, quashed the impugned order, and directed the Secretary to reconsider the matter within three months.

What did the court decide?

The impugned order dated 20/12/2012 (Ext.P7) was quashed. Liberty granted to the Secretary to reconsider the permit and issue appropriate orders within three months of receiving a copy of the judgment

Vijaya Cleetus Vs the Punnpra North Village… — Pension and Retirement Benefits | 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 DEVAN RAMACHANDRAN

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TUESDAY, THE 10TH DAY OF JULY 2018 / 19TH ASHADHA, 1940

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WP(C).No. 87 of 2013

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PETITIONER

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VIJAYA CLEETUS AGED 48 YEARS, W/O. CLEETUS, ARASARKADAVIL, PUNNAPRA P.O, ALAPPUZHA DISTRICT.

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BY ADV.SRI.B.PRAMOD

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RESPONDENT(S):

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1. THE PUNNPRA NORTH VILLAGE PANCHAYATH

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PUNNAPRA NORTH P.O., ALAPPUZHA, REP. BY ITS SECRETARY -688 014.

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2. SECRETARY

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THE PUNNAPRA NORTH VILLAGE PANCHAYATH, PUNNAPRA NORTH

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P.O, ALAPPUZHA -688014.

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3. THE PANCHAYATH COMMITTEE

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THE PUNNAPRA NORTH VILLAGE PANCHAYATH, PUNNAPRA NORTH

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P.O., ALAPPUZHA, REPRESENTED BY ITS PRESIDENT - 688 014.

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4. T.S. JOSEPH

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S/O. SOLOMON, THURUTHEL HOUSE, PUNNAPRA P.O., ALAPPUZHA DISTRICT - 688 014.

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*** ADDITIONAL RESPONDENTS 5 TO 22 IMPLEADED**

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5. SUNNY ANTONY, S/O.ANTONY, VADAKKETHIL HOUSE, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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6. CLARANCE.V.J., VELIHIL HOUSE, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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7. C.S.SATHEESAN, CHAVAKKUZHIYIL, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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8. GIRISH BABU, ALUMPARAMP, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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9. M.P.RAMENDRIN, ALYAM PARAMB, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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10. SEETHA RAMENDRIN, ALUMPARAMB, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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11. SUNIL, ALUMPARAMB, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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12. VIDYA SUNIL, ALUMPARAMB, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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13. ANTONY, VADAKKE THAYIL, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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14. ANITHA ASOKAN, CHAVAKUZHIYIL, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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15. THULASI,PARAKKAD, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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16. STEAPHEN CHULLICKAL, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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17. JOMOL PETER, VADAKKE THAYYIL, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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18. PETER, VADAKKE THAYYIL, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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19. BABU ALUMPARAMB, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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20. RAJAMMA, ALUMPARAMB, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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21. SHAJI, ALUMPARAMB, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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22. VIJAYAN, MOONNUTHAYIL, PUNNAPRA, PRAVOOR, ALAPPUZHA.

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IMPLEADED AS PER ORDER DATED 23/07/2013 IN I.A NO. 9855/2013

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R1 3 BY ADV. SRI.MATHEW JAMES

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R4, ADDL. R5 TO 22 BY ADV. SMT.T.T.JAYANTHY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-07-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mks

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WP(C).No. 87 of 2013

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APPENDIX

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PETITIONRS EXHIBITS

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EXHIBIT-P1-TRUE COPY OF THE BASIC TAX RECEIPT DATED 01/06/2012

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EXHIBIT-P2-TRUE COPY OF THE CERTIFICATE DATED 26/11/2012 ISSUED BY THE VILLAGE OFFICER, PARAVOOR VILLAGE

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EXHIBIT-P3-TRUE COPY OF THE DEVELOPMENT PERMIT DATED 21/11/2012 BY THE PUNNAPRA NORTH GRAMA PANCHAYATH

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EXHIBIT-P4-TRUE COPY OF THE MEMORANDUM OF THE W.P(C) 28659/2012 EXCLUDING EXHIBITS

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EXHIBIT-P5-TRUE COPY OF THE COUNTER AFFIDAVIT ALONG WITH THE EXHIBITS FILED BY THE 4TH RESPONDENT

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EXHIBIT-P6-TRUE COPY OF THE REPLY AFFIDAVIT FILED BY THE PETITIONER

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EXHIBIT-P7-TRUE COPY OF THE ORDER DATED 20/12/2012 ISSUED BY THE 2ND RESPONDENT

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EXHIBIT-P8-TRUE COPY OF THE MINUTES OF THE PANCHAYATH COMMITTEE HELD ON 14/12/2012

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EXHIBIT-P9-TRUE COPY OF THE CERTIFICATE DATED 22/02/2013 ISSUED BY THE VILLAGE OFFICER, PARAVOOR VILLAGE

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EXHIBIT-P10-TRUE COPY OF THE 4 PHOTOGRAPHS OF THE PETITIONER'S PROPERTY

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RESPONDENTS EXHIBITS

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EXHIBIT-R5(A)-TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR DATED 21/05/2013

/TRUE COPY/

P.A. TO JUDGE

mks

DEVAN RAMACHANDRAN, J.

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========================= W.P.(C) No.87 of 2013

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========================== Dated this the 10^th day of July, 2018

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JUDGMENT

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The petitioner impugns Ext.P7 order issued by the Secretary of the Punnapra Grama Panchayat, as per which, a development permit issued earlier to him, has been cancelled. The petitioner's specific assertion is that, as is clear from Ext.P7, the decision to cancel the development permit issued by the Secretary was not taken by the said Authority but by the Panchayat Committee in their meeting held on 14.12.2012.

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According to the petitioner, the Secretary could not have issued Ext.P7 order on the dictation of the Panchayat Committee, since the power to cancel the development permit is not vested with that Authority and with the Secretary.

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Sri.B.Pramod, the learned counsel appearing for the petitioner relies on Section 185(b) of the Kerala Panchayat Raj Act to contend that when a power is vested in an Authority, it will have to exercise that power without being dictated to by any other superior or inferior Authority.

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I have examined Ext.P7 order which is impugned in this writ petition. It certainly shows that the decision to cancel the development permit has been taken by the Secretary on the

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W.P.(C) No.87 of 2013

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basis of a decision of the Panchayat Committee taken on 14.12.2012. Therefore, I find substantial force in the submissions of Sri.B.Pramod that the decision to cancel the development permit was not taken by the Secretary but that he was merely acting under the orders and dictates of the Panchayat Committee. This, I am certain, is impermissible in law and that if any decision had to be taken to cancel the development permit, it ought to have been taken by the Secretary, in exercise of the statutory powers vested in him.

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In such circumstances and solely for the reason above, I quash Ext.P7 order, leaving liberty to the Secretary to consider if the earlier development permit, given to the petitioner, requires to be cancelled and to issue such appropriate orders, as he may deem fit, taking note of all relevant inputs as is statutorily permissible and after affording an opportunity of being heard to the petitioner. This exercise shall be completed by the second respondent - Secretary of the Panchayat, as expeditiously as possible, but not later than three months from the date of receipt of a copy of this judgment.

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This writ petition is thus ordered.

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Sd/- DEVAN RAMACHANDRAN JUDGE

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stu

Vijaya Cleetus v. the Punnpra North Village Panchayath

Case brief

What is this about?

What did the court decide?

Vijaya Cleetus v. the Punnpra North Village Panchayath

Case brief

What is this about?

What did the court decide?

What the court decided

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