Petitioner sought directions to finalize issuance of occupancy and numbering for her completed building in Karimpuzha Village after rectifying deficiencies noted by the Panchayat.
Direction to the Panchayat Secretary to finalize the occupancy and numbering application within a month from the date of receipt of a copy of this judgment.
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 SHAJI P.CHALY
MONDAY ,THE 25TH DAY OF FEBRUARY 2019 / 6TH PHALGUNA, 1940
WP(C).No. 212 of 2019
PETITIONER:
RAHILA BANU, AGED 43 YEARS W/O. YOUSEF P.M, MOTHIRA PEEDIKA HOUSE, KOTTAPPURAM, PALAKKAD DISTRICT.
BY ADVS. SRI.G.HARIHARAN SMT.K.S.SMITHA SRI.PRAVEEN.H. SRI.V.R.SANJEEV KUMAR
RESPONDENT:
KARIMPUZHA GRAMA PANCHAYAT, KARIMPUZHA, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN 679 513, REPRESENTED BY ITS SECRETARY.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 212 of 2019
2
J U D G M E N T
This writ petition is filed by the petitioner seeking direction to the Secretary of the Panchayat to finalise the issue taking into account Ext.P3 representation submitted by the petitioner. Apparently from the pleadings it is evident that, petitioner has secured building permit to construct a building in an extent of 3 cents of property situate in Sy.No.254/22 of Karimpuzha Village, Ottapalam Taluk, Palakkad District within the limits of the respondent Panchayat. The construction was completed and
thereafter approached the Panchayat for issuance of occupancy and numbering the building. Thereupon, petitioner was served with Ext.P2 communication pointing out certain deficiencies in the construction carried out by the petitioner and also directing to rectify the same. According to the petitioner, petitioner has rectified the deficiencies and submitted Ext.P3 representation dated 27.9.2018, however, no action is taken by the Panchayat to finalise the issue.
WP(C).No. 212 of 2019 3
Notice is served on respondents, however, there is no appearance.
the Panchayat to finalise the application submitted by
the petitioner for occupancy and numbering the building, also taking into account Ext.P3
representation submitted, at the earliest possible time and at any rate within a month from the date of
receipt of a copy of this judgment .
Writ petition is disposed of accordingly.
Smv 25.2.2019
Sd/-
SHAJI P.CHALY
JUDGE
WP(C).No. 212 of 2019
4
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT NO. A3 2235/2017 DATED 05-05-2017 ISSUED BY THE RESPONDENT IN FAVOUR OF THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 16-072018 ISSUED BY THE RESPONDENT ADDRESSED TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE REQUISITION DATED 27-092018 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT EXHIBIT P4 TRUE PHOTOGRAPH OF THE BUILDING CONSTRUCTED BY THE PETITIONER ON THE STRENGTH OF EXHIBIT P1 PERMIT.
2 issues framed by the court
Whether the writ court should direct the Panchayat Secretary to finalize the occupancy and numbering application within a month.
Whether the Panchayat's delay in acting on the corrected representation is actionable in writ jurisdiction.
Rahila Banu
Karimpuzha Grama Panchayat
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
