Disposed

R.Radhakrishnan Nair v. Konni Grama Panchayath

Kerala HC13 Dec 2019WP(C)/19519/2015

Case brief

AI extract

What is this about?

The High Court of Kerala ordered the Grama Panchayat to inspect disputed building constructions and tree encroachment issues between parties, directing appropriate action on compliance with building permits and under the Act, respecting pending civil suit boundary disputes.

What did the court decide?

Directions to inspect construction and trees, issue appropriate orders, and restrain further construction pending the inquiry.

R.Radhakrishnan Nair Vs Konni Grama Panchayath — Property and Title | Kerala HC (2019)

¶1

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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FRIDAY, THE 13TH DAY OF DECEMBER 2019 / 22ND AGRAHAYANA, 1941

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WP(C).No.16704 OF 2015(K)

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PETITIONER:

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PRADEEP KUMAR V.P. AGED 41 YEARS S/O.LATE PADMANABHAN NAIR, THANNERPANDALIL HOUSE, MANGARAM, MAMMODU, KONNI P.O., PATHANAMTHITTA.

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BY ADVS. SRI.M.T.SURESHKUMAR SRI.R.RANJITH

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RESPONDENT:

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THE SECRETARY, KONNI GRAMA PANCHAYATH, KONNI P.O., PIN - 689 691. BY ADV. SRI.SUNIL JACOB JOSE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.12.2019, ALONG WITH WP(C).16951/2015 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.16704 OF 2015

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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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FRIDAY, THE 13TH DAY OF DECEMBER 2019 / 22ND AGRAHAYANA, 1941

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WP(C).No.16951 OF 2015

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PETITIONER:

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PRADEEP KUMAR V.P., AGED 41, S/O.LATE PADMANABHAN NAIR, THANNERPANDALIL HOUSE, MANGARAM, MAMMODU, KONNI P.O., PATHANAMTHITTA.

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BY ADV. SRI.M.T.SURESHKUMAR

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RESPONDENTS:

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1 THE SECRETARY, KONNI GRAMA PANCHAYATH, KONNI P.O., PIN: 689 691.

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2 RADHAKRISHNAN NAIR, AGED 72, S/O.NOT KNOWN, 'POURNAMI', MAMMODU, KONNI P.O., PATHANAMTHITTA-689 691.

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3 VASANTHA RADHAKRISHNAN, AGED 66, W/O.RADHAKRISHNAN 'POURNAMI', MAMMODU, KONNI P.O., PATHANAMTHITTA-689 691.

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R1 BY ADV. SRI.SUNIL JACOB JOSE R2-R3 BY ADV. SRI.V.PHILIP MATHEW

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.12.2019, ALONG WITH WP(C).16704/2015 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.16704 OF 2015

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶31

PRESENT

¶32

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶33

FRIDAY, THE 13TH DAY OF DECEMBER 2019 / 22ND AGRAHAYANA, 1941

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WP(C).No.19519 OF 2015

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PETITIONERS:

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1 R.RADHAKRISHNAN NAIR @KONNIYOOR RADHAKRISHNAN, AGED 74 YEARS S/O.LATE RAGHAVAN NAIR, POURNAMI, MANGARAM, MAMMODU, KONI, PATHANAMTHITTA DISTRICT – 689691.

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2 VASANTHA KUMARI.N. AGED 69 YEARS

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W/O.RADHAKRISHNAN NAIR, POURNAMI, MANGARAM, MAMMODU, KONNI, PATHANAMTHITTA DISTRICT – 689691.

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BY ADVS. SRI.V.PHILIP MATHEWS SRI.E.RADHAKRISHNAN SRI.GIBI C GEORGE SRI.JEPH JOSEPH

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RESPONDENTS:

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1 KONNI GRAMA PANCHAYAT, KONNI, PATHANAMTHITTA DISTRICT -689691, REPRESENTED BY ITS SECRETARY

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2 THE SECRETARY KONNI GRAMA PANCHAYAT, KONNI, PATHANAMTHITTA DISTRICT 689691

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3 THE DEPUTY DIRECTOR OF PANCHAYAT OFFICE OF THE DEPUTY DIRECOTOR OF PANCHAYATS, PATHANAMTHITTA 689645

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4 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHPURAM 695001

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WP(C).No.16704 OF 2015 -4-

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5 THE REVENUE DIVISIONAL OFFICER ADOOR 691523

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6 PRADEEP KUMAR VP, AGED 41, S/O.LATE PADMANABHAN NAIR, THANNERPANDALIL HOUSE, MANGARAM, MAMMODU, KONNI, PATHANAMTHITTA DISTRICT – 689691.

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7 SREEJA PRADEEP W/O.PRADEEP KUMAR VP., THANNERPANDALIL HOUSE, MANGARAM, MAMMODU, KONNI, PATHANAMTHITTA DISTRICT – 689691.

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R1 BY ADV. SRI.SUNIL JACOB JOSE R3-R5 BY SMT.RAJI T. BHASKAR, GOVT. PLEADER R6 & R7 BY ADVS. MS.JENCY SUSAN JOSE SMT.M.S.LETHA SRI.V.SRI NATH SRI.K.R.VINOD SRI.M.T.SURESHKUMAR SRI.R.RANJITH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.12.2019, ALONG WITH WP(C).16704/2015 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.16704 OF 2015

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶54

PRESENT

¶55

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶56

FRIDAY, THE 13TH DAY OF DECEMBER 2019 / 22ND AGRAHAYANA, 1941

¶57

WP(C).No.24578 OF 2015

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PETITIONERS:

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1 RADHAKRISHNAN NAIR AGED 72 YEARS S/O. LATE RAGHAVAN NAIR, POURNAMI, MANGARAM, MAMMOODU, KONNI, PATHANAMTHITTA DISTRICT-689 691.

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2 VASANTHA RADHAKRISHNAN, AGED 66, W/O.RADHAKRISHNAN NAIR, POURNAMI, MANGARAM, MAMMOODU, KONNI, PATHANAMTHITTA DISTRICT-689 691.

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BY ADV. SRI.V.PHILIP MATHEWS

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RESPONDENTS:

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1 KONNI GRAMA PANCHAYAT

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KONNI, PATHANAMTHITTA DISTRICT - 689 691, REPRESENTED BY ITS SECRETARY.

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2 THE SECRETARY KONNI GRAMA PANCHAYATH, KONNI, P ATHANAMTHITTA DISTRICT- 689 691.

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3 THE DEPUTY DIRECTOR OF PANCHAYATHS OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATHS, PATHANAMTHITTA - 689 645.

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4 STATE OF KERALA REPRESENTD BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001.

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5 PRADEEP KUMAR V.P. S/O. LATE PADMANABHAN NAIR, THANNERPANDALIL HOUSE, MANGARAM, MAMMOODU,KONNI- 689 691, PATHANAMTHITTA DISTRICT.

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WP(C).No.16704 OF 2015 -6-

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6 SUB INSPECTOR OF POLICE KONNI, PATHANAMTHITTA - 689 691.

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ADDL. MR.SANTHOSH KUMAR K.P

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R7 K.P.ASSOCIATES, P.O.ROAD, KONNI, PATHANAMTHITTA DISTRICT (RESIDING AT KOCHUPUTHEN VEEDU, PAYYANAMON PO., KONNI, PATHANAMTHITTA DISTRICT)

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ADDL. DISTRICT TOWN PLANNER R8 MINI CIVIL STATION, PATHANAMTHITTA (ADDITIONAL R7 & R8 IMPLEADED VIDE ORDER DTD.19.8.15 IN I.A No.12200/15) R1 BY ADV. SRI.SUNIL JACOB JOSE R5 BY ADVS.MS.JENCY SUSAN JOSE SMT.M.S.LETHA SRI.V.SRI NATH SRI.K.R.VINOD SRI.R.RANJITH SRI.M.T.SURESHKUMAR R7 BY ADV. SRI.T.K.BIJU (MANJINIKARA)

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OTHER PRESENT:

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SRI.RAJI T. BHASKAR, GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.12.2019, ALONG WITH WP(C).16704/2015 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.16704 OF 2015

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶80

PRESENT

¶81

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶82

FRIDAY, THE 13TH DAY OF DECEMBER 2019 / 22ND AGRAHAYANA, 1941

¶83

WP(C).No.18119 OF 2016

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PETITIONER:

¶85

PRADEEP KUMAR V.P AGED 41 YEARS S/O. LATE PADMANABHAN NAIR, THANNERPANDALIL HOUSE, MANGARAM, MAMMODU, KONNI P.O., PATHANAMTHITTA.

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BY ADVS. SRI.K.R.VINOD SMT.JENCY SUSAN JOSE. SRI. SRI NATH V.

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RESPONDENTS:

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1 THE SECRETARY KONNI GRAMA PANCHAYATH, KONNI P.O., PATHANAMTHITTA, PIN-689 691.

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ADDL. RADHAKRISHNAN NAIR, R2 AGED 72 YEARS, S/O.LATE RAGHAVAN NAIR POURNAMI, MANGARAM, MAMMODU, KONNI, PATHANAMTHITTA DISTRICT.

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ADDL. VASANTHA RADHAKRISHNAN

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R3 AGED 66,W/O. RADHAKRISHNAN NAIR, POURNAMI, MANGARAM, MAMMODU, KONNI, PATHANAMTHITTA DISTRICT.

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(ADDL.R2 AND R3 ARE IMPLEADED AS PER ORDER DATED 01.11.2017 IN IA.NO.10352/2016).

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R1 BY ADV. SRI.SUNIL JACOB JOSE R2 & R3 BY ADV. SRI.V.PHILIP MATHEW

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.12.2019, ALONG WITH WP(C).16704/2015 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.16704 OF 2015

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JUDGMENT

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[ WP(C).16704/2015, WP(C).16951/2015, WP(C).19519/2015, WP(C).24578/2015, WP(C).18119/2016 ]

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Dated this the 13th day of December 2019

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These matters have been heard together

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since the issues impelled in them are similar and

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because the reliefs sought for in them are interlayered.

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Among these five writ petitions W.P. (C) Nos. 24578 of 2015 and 19519 of 2015 have

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been filed by Sri.R.Radhakrishnan Nair and another; while W.P.(C) Nos.16704 of 2015, 16951 of 2015 and 18119 of 2016 have been filed by Sri.Pradeep Kumar V.P.

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Sri.R.Radhakrishnan Nair and another essentially allege that Sri.Pradeep Kumar V.P. is making a construction in his property in

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violation of law and without a valid permit; and

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WP(C).No.16704 OF 2015 -9-

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further that the alleged permit issued by the Panchayat in his favour, which has been produced as Exts.P3 and P6 in W.P.(C) No. 24578 of 2015,

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is issued illegal and in contravention of the Kerala Panchayat Raj Act (hereinafter referred to as 'the Act' for short)and the Kerala Panchayat Building Rules (hereinafter referred to as 'the KPB Rules' for short). Sri.R.Radhakrishnan Nair

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and another specifically contend that, as is

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clear from the Building Permit, it has been issued for the purpose of construction of a second floor, even though there is no first floor for the construction in question and that the plinth area shown in the Building Permit varies drastically with that shown in the plan, namely Ext.P2. Sri.R.Radhakrishnan Nair and another

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also submit that even though the Building Permit had been revoked by the Panchayat as early as on 28.05.2015, Sri.Pradeep Kumar V.P. has been continuing with the construction, including by

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WP(C).No.16704 OF 2015

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making some structures protruding into his

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property; and therefore, that the Panchayat be now directed to take necessary action against

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such constructions and to demolish all the

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offending structures constructed in violation of law.

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That being so, Sri.R.Radhakrishnan

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Nair and another also have a case against

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Sri.Pradeep Kumar V.P. that certain bamboo trees standing in his property are causing prejudice

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and detriment to them, who are both septuagenarians; and therefore, that they

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approached the Panchayat under Section 238 of the Act, to have the same pruned or cut and removed.

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Sri.R.Radhakrishnan Nair and another have, therefore, filed W.P.(C) No.19519 of 2015 praying

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that the Panchayat be directed to cut and remove the bamboo trees within a time frame to be fixed

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by this Court, invoking their powers under Section 238 of the Act.

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WP(C).No.16704 OF 2015

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In the meanwhile, Sri.Pradeep Kumar V.P. filed W.P.(C) No.16704 of 2015 impugning Ext.P4 notice issued by the Grama Panchayat revoking his Building Permit and prays that same be set aside, as being untenable in law. In fact, immediately after filing this writ petition, he filed W.P.(C) No.16951 of 2015

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against the order issued by the Panchayat under Section 238 of the Act, a copy which has been produced in the said writ petition as Ext.P2, seeking that the proceedings initiated by the Panchayat be quashed since the bamboo trees standing in this property cause no prejudice to Sri.R.Radhakrishnan Nair and another.

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Finally, Sri.Pradeep Kumar V.P filed W.P.(C) No.18119 of 2016 seeking that directions

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be issued to the Panchayat to renew the Building Permit to carry out additional works in his existing building bearing Door No.KP1/386A since his earlier permit had expired in the year 2016.

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WP(C).No.16704 OF 2015

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background that I have considered the afore five writ peitions.

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I have heard Sri.V.Philip Mathews -

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learned counsel appearing for Sri.R.Radhakrishnan Nair and another; Sri.M.T.Suresh Kumar - learned counsel appearing for Sri.Pradeep Kumar V.P and Sri.Sunil Jacob Jose - learned Standing Counsel appearing for Konni Grama Panchayat in all these matters.

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It is ineluctable from the above

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narrative that the real issue between the

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parties is as regards the constructions carried on by Sri.Pradeep Kumar V.P. and certain bamboo

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trees standing in his property, while

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Sri.Radhakrishnan Nair and another assert that

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Sri.Pradeep Kumar V.P. has made certain constructions on the strength of an untenable Building Permit and that such constructions had

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WP(C).No.16704 OF 2015

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been carried on even after such Building Permit

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had expired or had been revoked, no action has been taken by the Panchayat against them, as is warranted under law. Sri.Radhakrishnan Nair,

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of course, also says that the bamboo trees standing in the property of Sri.Pradeep Kumar V.P. cause unbearable nuisance to him.

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Contrary to the afore, Sri.Pradeep

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Kumar V.P asserts that there is a dispute

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regarding the boundaries of the properties of the

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parties and civil suits are also pending. According to him, it is only if the said civil suits are finally decided, can the boundaries of the properties be properly fixed; and that only thereafter, can it be found whose building is protruding into the other. He says that, in any event of the matter, all constructions have been carried on based on a valid permit and therefore,

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that the revocation notice issued by the Grama Panchayat, namely Ext.P4 in W.P.(C) No.16704 of

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WP(C).No.16704 OF 2015

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2015, is completely untenable, since no reasons have been stated therein for such revocation, except that there has been a mistake in granting the original Permit. Sri.Pradeep Kumar V.P. specifically asserts that Ext.P4 W.P.(C) No.16704 of 2015 is unsustainable in law and therefore,

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that he is entitled to continue with the construction and to seek renewal of his Building Permit, as has been prayed for in W.P. (C)No.18119 of 2016. He, therefore, prays that W.P.(C)Nos.19519 of 2015 and 24578 of 2015 filed by Sri.R.Radhakrishanan Nair and another be dismissed and the writ petitions filed by him be allowed.

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In answer to the afore dialectical contentions, Sri.Sunil Jacob Jose, learned Standing Counsel for Konni Grama Panchayat, submits that, as has been noticed by this Court above, the essential disputes between the parties are as regards the constructions being carried on

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WP(C).No.16704 OF 2015

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in their respective properties. He says that

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both the parties complain against each other that the constructions made by the other is illegal and that they are protruding into each other's property. He says that, in any event of the matter, the Building Permit originally granted to Sri.Pradeep Kumar V.P. and extended until the year 2016, was issued on the basis of the applications preferred by him and therefore, that the Secretary cannot be found fault with in having issued the same. He says that, however, when it was later found that there is a mistake in the Original Building Permit - instead of

¶163

allowing construction of the first floor, permission has been granted to construct the second floor - it was decided to revoke it

¶164

through Ext.P4 in W.P.(C) No.16704 of 2015. He,

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however says that the reason for revocation is

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only this and nothing else and that it does not really make any difference now, since Sri.Pradeep

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WP(C).No.16704 OF 2015

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Kumar V.P. has only constructed the first floor.

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As regards the plinth area of the building constructed by Sri.Pradeep Kumar V.P. are

¶171

concerned, the learned Standing Counsel says that the Panchayat will sanction only that area which has been constructed as per the Building Permit, notwithstanding what has been stated in the building plan; and therefore, that if this Court is so inclined, they are willing to make a thorough enquiry into the rival contentions of the parties and then take a final decision thereon, leading to appropriate action without any further delay. As regards the bamboo trees

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in the property of Sri.Pradeep Kumar V.P. is

¶173

concerned, the learned Standing Counsel says that this can also be considered by the Secretary under Section 238 of the Act and that appropriate

¶174

orders can be issued after assessing the complaint from the stand point of the present time, rather than from the year 2015, when the

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WP(C).No.16704 OF 2015

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original order was issued. The learned Standing

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Counsel, therefore, prays that these writ

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petitions be ordered on such terms.

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When I consider the afore

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submissions, it is without doubt that the disputes between the parties are in a very small compass; and that as matters now stand, they are ad idem that the construction of Sri.Pradeep

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Kumar V.P has been more or less completed, though there are severe disputes as to whether that said construction confirms to the original

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Building Permit or whether it has been constructed in violation of the same and is protruding into the property of

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Sri.Radhakrishnan Nair and another. That said,

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the question of the bamboo trees standing in the

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property of Sri.Pradeep Kumar V.P. causing nuisance to Sri.Radhakrishnan Nair and another is

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not something that this Court can speak affirmatively, since it involves questions of

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WP(C).No.16704 OF 2015

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fact, which the Secretary of the Grama Panchayat can only consider, going by Section 238 of the Act.

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Resultantly, I order these writ petitions in the following manner:

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(a) W.P.(C)No.19519 of 2015, W.P.(C)No.16704 of 2015 and W.P.(C) No.18119 of 2016 are ordered, directing the Secretary of the Panchayat to

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immediately cause an inspection of the construction made by Sri.Pradeep Kumar V.P. and make all enquiries with respect to the distance and such other relevant factors, as are necessary under the Act and the KPB Rules; and thereafter

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issue appropriate orders as to whether the constructions in question can be granted sanction or whether the offending structures, if any, will have to be demolished. This exercise shall be

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completed by the Secretary of the Panchayat,

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after hearing Sri.Pradeep Kumar V.P. and

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WP(C).No.16704 OF 2015

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Sri.Radhakrishnan Nair and his wife; and

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appropriate orders thereon will be issued as expeditiously as is possible, but not later than

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two months from the date of receipt of a copy of this judgment.

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Needless to say, until such time the

¶203

afore exercise is completed, Sri.Pradeep Kumar

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V.P. is directed not to make any further constructions in his building; and it is further ordered that the panchayat will not issue him any Occupancy Certificate and will not number the structure, if not already done, unless it is found that same confirms to the Building Permit and the applicable provisions of law.

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(b) W.P.(C) Nos.19519 of 2015 and 16951 of 2015

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are ordered directing the Secretary of the Grama Panchayat to inspect the premises of both sides and verify whether any action pursuant to Section 238 of the Act is now necessary to be taken with

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WP(C).No.16704 OF 2015

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respect to the bamboo trees standing in the property of Sri.Pradeep Kumar V.P., adverting to Exts.P2 and P3 in W.P.(C) No.19519 of 2015 and

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this exercise shall be completed within a month from the date of receipt of a copy of this judgment. I am persuaded to direct the Secretary to make a fresh inspection because more than three years have now elapsed after the original orders were issued and it is possible that the position at ground may have now been altered.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).No.16704 OF 2015

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APPENDIX OF WP(C) 16704/2015

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE COPY OF THE BUILDING PERMIT ISSUED BY THE RESPONDENT DATED 10.06.2010.

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EXHIBIT P2 THE COPY OF THE RENEWED BUILDING PERMIT DATED 23.08.2013.

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EXHIBIT P3 THE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT WHILE ACCEPTING THE BUILDING TAX FROM THE PETITIONER DATED 13.05.2014.

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EXHIBIT P4 THE COPY OF THE NOTICE DATED 28.5.2015 OF THE RESPONDENT.

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EXHIBIT P5 THE COPY OF THE INJUNCTION ORDER IN O.S.NO.247/2013.

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RESPONDENT'S EXHIBITS: NIL.

True Copy

P.A to Judge

WP(C).No.16704 OF 2015

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APPENDIX OF WP(C) 16951/2015

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO.247/2013 IN THE FILES OF THE HON'BLE MUNSIFF'S COURT PATHANAMTHITTA

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EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DATED 28/5/15

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EXHIBIT P3 TRUE COPY OF THE ORDER OF THE MUNSIFF'S COURT, PATHANAMTHITTA IN INJUNCTION PETITION IN O.S.NO 247/13

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RESPONDENTS' EXHIBITS EXHIBIT-R3(a) PHOTOGRAPHS SHOWING BAMBOOS AFFECTING RESPONDENTS 2 AND 3.

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EXHIBIT-R3(b) COPY OF NOTICE DTD.27.7.2013 FROM FIRST RESPONDENT. EXHIBIT R3(c) COPY OF NOTICE DTD.15.10.2013 FROM FIRST RESPONDENT. EXHIBIT R3(d) COPY OF COMMUNICATION DTD.12.06.2014 FROM PANCHAYAT DEPUTY DIRECTOR.

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EXHIBIT R3(e) COPY OF ORDER DTD.13.11.15 IN I.A.2332/15 IN O.S.247/13 OF MUNSIFF'S COURT, PATHANAMTHITTA.

True Copy

P.A to Judge

WP(C).No.16704 OF 2015

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 PHOTOGRAPHS OF THE BAMBOOS CAUSING DANGER TO THE PETITIONERS STANDING IN THE PROPERTY OF RESPONDENTS 6 AND 7. EXHIBIT P2 COPY OF NOTICE NO. B4-5002/13 DATED 27.07.2013 ISSUED BY THE 2ND RESPONDENT TO THE 6TH RESPONDENT EXHIBIT P3 COPY OF NOTICE NO.5002/2013 DATED 15.10.2013 EXHIBIT P4 COPY OF COMMUNICATION DATED 27.01.2014 ISSUED BY THE SECREARY, GOVERNMENT OF KERALA TO THE 3RD RESPONDENT EXHIBIT P5 COPY OF REPRESENTATION DATED 05.05.2014 SUBMITTED BY THE PETITIONER EXHIBIT P6 COPY OF REPORT DATED 12.06.2014 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE SECRETARY, GOVERNMENT OF KERALA EXHIBIT P7 COPY OF COMMUNICATION DATED 10.07.2014 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P8 COPY OF COMMUNICATION DATED 26.06.2014 ISSUED BY THE SECRETARY, GOVERNMENT OF KERALA TO THE 3RD RESPONDENT EXHIBIT P9 COPY OF APPLICATION DATED 11.11.2014 SUBMITTED BY THE 2ND PETITIONER BEFORE THE STATE PUBLIC INFORMATION OFFICER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM

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EXHIBIT P10 COPY OF REPLY DATED 25.11.2014 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM TO THE 2ND PETITIONER

¶247

EXHIBIT P11 COPY OF REPRESENTATION DATED 21.04.2015 FROM THE 2ND PETITIONER TO RESPONDENTS 2 AND 3

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WP(C).No.16704 OF 2015

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EXHIBIT P12 COPY OF NOTICE NO.A1-3416/15 DATED 28.05.2015 ISSUED BY THE 2ND RESPONDENT TO THE 6TH RESPONDENT EXHIBIT P13 COPY OF COMMMISSION REPORT IN OS.NO.247/2013 EXHIBIT P14 COPY OF PLAINT IN OS.NO.563/2014

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RESPONDENTS' EXHIBITS

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EXHIBIT R6(a) COPY OF THE PLAINT IN O.S.247/2013 IN THE FILES OF THE MUNSIFF'S COURT, PATHANAMTHITTA. EXHIBIT R6(b) COPY OF THE INJUNCTION ORDER PASSED BY THE MUNSIFF'S COURT, PATHANAMTHITTA. EXHIBIT R6(c) COPY OF THE PLAINT IN O.S NO.563/2013 IN THE FILES OF THE MUNSIFF'S COURT, PATHANAMTHITTA.

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APPENDIX OF WP(C) 24578/2015

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE 23/03/2010 SUBMIT BEFORE THE 2ND RE	APPLICATION DATED TED BY THE 5TH RESPONDENT SPONDENT.
EXHIBIT P2	TRUE COPY OF THE RESPONDENT BEFORE	SUBMITTED BY THE 5TH THE 2ND RESPONDENT.
EXHIBIT P3	TRUE COPY OF THE 5392/10 DATED 10/	BUILDING PERMIT NO. 06/2010.
EXHIBIT P4	TRUE COPY OF THE DATED 27/07/2013 RESPONDENT TO THE	NOTICE NO. B4-5002/13 ISSUED BY THE 2ND 5TH RESPONDENT.
EXHIBIT P5	TRUE COPY OF THE 03/08/2013 SUBMIT BEFORE THE 2ND RE	APPLICATION DATED TED BY THE 5TH RESPONEENT SPONDENT.
EXHIBIT P6	TRUE COPY OF THE DATED 23/08/2013.	RENEWED BUILDING PERMIT
EXHIBIT P7	TRUE COPY OF THE 27/01/2014 ISSUED GOVERNMENT OF KER RESPONDENT.	COMMUNICATION DATED BY THE SECRETARY, ALA, TO THE 3RD
EXHIBIT P8	TRUE COPY OF THE 05/05/2014 SUBMIT	REPRESENTATION DATED TED BY THE PETITIONER.
EXHIBIT P9	TRUE COPY OF THE SUBMITTED BY THE SECRETARY, GOVERN	REPORT DATED 12/06/2014 3RD RESPONDENT BEFORE THE MENT OF KERALA.
EXHIBIT P10	TRUE COPY OF THE 26/06/2014 ISSUED SECRETARY TO THE	COMMUNICATION DATED BY THE GOVERNMENT 4TH RESPONDENT.
EXHIBIT P11	TRUE COPY OF THE 10/07/2014 ISSUED THE 2ND RESPONDEN	COMMUNICATION DATED BY THE 4TH RESPONDENT TO T.
EXHIBIT P12	TRUE COPY OF THE 14/11/2014 FROM T 2ND RESPONDENT.	COMMUNICATION DATED HE 3RD RESPONDENT TO THE

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WP(C).No.16704 OF 2015

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EXHIBIT P13	COPY OF APPLICATION DATED 11-11-2014 SUBMITTED BY THE 2ND PETITIONER BEFORE THE STATE PUBLIC INFORMATION OFFICER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM.
EXHIBIT P14	COPY OF THE REPLY DATED 25-11-2014 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM TO THE 2ND PETITIONER.
EXHIBIT P15	COPY OF APPLICATION DATED 11-11-2014 SUBMITTED BY THE 2ND PETITIONER BEFORE THE STATE PUBLIC INFORMATION OFFICER, OFFICE OF DIRECTOR OF PANCHAYAT, PATHANAMTHITTA.
EXHIBIT P16	COPY OF REPLY DATED 06-12-2014 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, OFFICE OF DIRECTOR OF PANCHAYAT, PATHANAMTHITTA TO THE 2ND PETITIONER.
EXHIBIT P17	COPY OF REPRESENTATION DATED 03.03.2015 SUBMITTED BY THE 2ND PETITIONER.
EXHIBIT P18	COPY OF THE REPRESENTATION DATED 21.04.2015.
EXHIBIT P19	COPY OF THE REPRESENTATION DATED 27.04.2015.
EXHIBIT P20	COPY OF THE RECEIPT DATED 27.04.2015.
EXHIBIT P21	COPY OF THE REPRESENTATION SUBMITTED BY 2ND PETITIONER DATED 22.06.2015 TO SECOND AND THIRD RESPONDENT.
EXHIBIT P22	COPY OF THE REPRESENTATION DATED 22.06.2015 BEFORE THE 4TH RESPONDENT.
EXHIBIT P23	COPY OF THE COMMUNICATION DATED 08.07.2015 FROM THE 4TH RESPONDENT.
EXHIBIT P24	COPY OF REPRESENTATION DTD.19.08.2019 SUBMITTED BEFORE THE 2ND RESPONDENT.
EXHIBIT P25	COPY OF RECEIPT DTD. 19.08.2019 ISSUED FROM THE OFFICE OF THE FIRST RESPONDENT PANCHAYAT.

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WP(C).No.16704 OF 2015

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RESPONDENT'S EXHIBITS:

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EXHIBIT-R5(1) TRUE COPY OF PLAINT IN OS NO. 471 OF 2019 PENDING ON THE FILES OF THE MUNSIFF COURT PATHANAMTHITTA.

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EXHIBIT-R5(2) TRUE COPY OF THE INJUNCTION ORDER DATED 28-6-2013 IN IA NO.884/2013 IN OS NO.247/2013 ON THE FILE OF MUNSIFFS COURT, PATHANMTHIRRA. EXHIBIT-R5(3) TRUE COPY OF THE E-COURT STATUS DATED 28/11/2019 IN OS. NO.471/2019 ON THE FILE OF MUNSIFF COURT, PATHANAMTHITTA.

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APPENDIX OF WP(C) 18119/2016

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PETITIONER'S EXHIBITS:

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ANNEXURE 1	COPY OF NOTICE NO.B4-5002/13 DATED 27.07.2013 ISSUED BY THE RESPONDENT TO THE WRIT PETITIONER.
ANNEXURE 2	COPY OF COMMUNICATION DATED 26.06.2014 ISSUED BY THE GOVERNMENT SECRETARY.
ANNEXURE 3	COPY OF COMMUNICATION DATED 10.07.2014 ISSUED BY THE DEPUTY DIRECTOR OF PANCHAYAT, PATHANAMTHITTA.
ANNEXURE 4	COPY OF REPLY DATED 25.11.2014 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM.
P1	COPY OF THE RENEWED BUILDING PERMIT ISSUED BY THE RESPONDENT DTD.23.8.2013.
P2	COPY OF THE APPLICATION FOR RENEWAL OF BUILDING PERMIT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DTD.12.2.2016.

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RESPONDENTS' EXHIBITS: NIL.

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True copy

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R.Radhakrishnan Nair v. Konni Grama Panchayath

Case brief

What is this about?

What did the court decide?

R.Radhakrishnan Nair v. Konni Grama Panchayath

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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