Disposed

Raman v. Parakadavu Grama Panchayath

Kerala HC29 Jan 2019WP(C)/2583/2019

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a property owner seeking occupancy and numbering of a completed building. The petitioner had rectified defects pointed out in a prior notice. The Court directed the Secretary to finalize occupancy proceedings within a month.

What did the court decide?

Directed the 2nd respondent to finalize occupancy proceedings considering Ext.P6 and Ext.P8 within one month.

Raman Vs Parakadavu Grama Panchayath — Constitutional and Fundamental Rights | Kerala HC (2019)

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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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TUESDAY ,THE 29TH DAY OF JANUARY 2019 / 9TH MAGHA, 1940

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WP(C).No. 2583 of 2019

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PETITIONER:

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RAMAN

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AGED 74 YEARS S/O.VELAYUDHAN, MARKKOLY HOUSE, KURUMASSERY P.O., PIN - 683 579.

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BY ADVS. SRI.JAISON JOSEPH SRI.M.N.SANJITH SRI.P.S.APPU

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RESPONDENTS:

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1 PARAKADAVU GRAMA PANCHAYATH MOOZHIKULAM, KURUMASSERY P.O., PIN - 683 579, REPRESENTED BY ITS SECRETARY.

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2 SECRETARY PARAKKADAVU GRAMA PANCHAYATH, MOOZHIKULAM, KURUMASSERY P.O.,PIN - 683 579.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2583 of 2019

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JUDGMENT

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Petitioner is the owner of an extent of 1.35 Ares of property
comprised in Re.Sy.No.409/3, Block No.6 of Parakadavu Village,
Thrissur District and has secured a building permit from the 2nd
respondent, Secretary of Parakadavu Grama Panchayat.
According to the petitioner, construction was completed and
thereafter an application was submitted seeking issuance of
occupancy and numbering of the building. At that point of time,
petitioner was confronted with Ext.P6, pointing out certain
deficiencies in the constructions carried out by the petitioner.
Thereupon, petitioner has submitted Ext.P8 informing that the
defects pointed out are rectified, and therefore, a finality may be
attained on the application submitted by the petitioner for
issuance of occupancy.

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2.Having heard learned counsel for the petitioner, I am
of the considered opinion, the writ petition can be disposed of
with appropriate directions, and in view of the limited nature
of order I propose to pass, notice to respondents are dispensed
with. There will be a direction to the 2nd respondent to finalize
the proceedings pertaining to the application submitted by the
petitioner for occupancy, taking into account Ext.P6 notice and

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WP(C).No. 2583 of 2019

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Ext.P8 reply submitted by the petitioner, at the earliest, and at
any rate, within a month from the date of receipt of a copy of
this judgment. Petitioner is directed to produce a copy of this
writ petition along with the documents before the Secretary
for appropriate action. I also make it clear that, by issuing the
above directions, I have not made any expression of opinion
on the merits of the matter.

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The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

ska 29.1.19

WP(C).No. 2583 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE PHOTOCOPY OF THE TAX RECEIPT ISSUED FROM PARAKKADAVU VILLAGE TO THE PETITIONER.

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EXHIBIT P2 THE TRUE PHOTOCOPY OF THE BUILDING PERMIT BEARING NO.A3-2012/2017 DATED 14/07/2017.

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EXHIBIT P3 THE TRUE PHOTOCOPY OF THE NOTICE DATED 18/06/2018 ISSUED BY THE RESPONDENT NO.2.

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EXHIBIT P4 THE TRUE PHOTOCOPY OF THE REPLY ISSUED BY THE PETITIONER.

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EXHIBIT P5 THE TRUE COPY OF THE LETTER DATED 17/09/2018 ISSUED BY THE PETITIONER TO RESPONDENT NO.2.

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EXHIBIT P6 THE TRUE PHOTOCOPY OF THE NOTICE DATED 19/11/2018 ISSUED BY THE RESPONDENT NO.2.

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EXHIBIT P7 THE TRUE COPY OF THE COMPLETION PLAN OF COMMERCIAL AND RESIDENTIAL BUILDING OF THE PETITIONER.

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EXHIBIT P8 THE TRUE PHOTOCOPY OF THE REPLY TO THE NOTICE DATED 19/11/2018.

Raman v. Parakadavu Grama Panchayath

Case brief

What is this about?

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Raman v. Parakadavu Grama Panchayath

Case brief

What is this about?

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