Disposed

Balakrishnan Melekkalam, v. Sreekrishnapuram Grama Panchayat

Kerala HC13 Feb 2019WP(C)/4250/2019

Case brief

AI extract

What is this about?

Writ petition challenging illegal construction permitted by Grama Panchayat. Court directed the Secretary to finalize proceedings on submitted complaints within three weeks after hearing petitioners and third respondent, reserving issues for trial. Petition dismissed subsequently.

What did the court decide?

Direction to the 2nd respondent to finalize proceedings on Exts. P2, P4, and P5 within three weeks after notice.

Balakrishnan Melekkalam, Vs Sreekrishnapuram Grama… — Writ and Judicial Review | 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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WEDNESDAY,THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940

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WP(C).No. 4250 of 2019

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PETITIONER/S:

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1 BALAKRISHNAN MELEKKALAM, AGED 62 YEARS S/O. LATE KARTHIAYANI AMMA, MELEKALAM HOUSE, SREEKRISHNAPURAM P.O, PALAKKAD DISTRICT, PIN 679 513.

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2 M. LEELAVATHI, AGED 60 YEARS D/O. LATE KARTHIYANI AMMA, MELEKALAM HOUSE, SREEKRISHNAPURAM P.O, PALAKKAD DISTRICT, PIN 679 513.

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BY ADVS. SRI.SANTHEEP ANKARATH SMT.C.K.SHERIN

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RESPONDENT/S:

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1 SREEKRISHNAPURAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, SREEKRISHNAPURAM P.O, PALAKKAD DISTRICT, PIN 679 513.

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2 SECRETARY, SREEKRISHNAPURAM GRAMA PANCHAYAT, SREEKRISHNAPURAM P.O, PALAKKAD DISTRICT, PIN 679 513.

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3 M. DEVAKIKUTTY, AGED 65 YEARS D/O. LATE KARTHIAYANI AMMA, MELEKALAM HOUSE, SREEKRISHNAPURAM P.O, PALAKKAD DISTRICT, PIN 679 513.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4250 of 2019 2

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JUDGMENT

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This writ petition is filed by the petitioner

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seeking the following reliefs:-

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“a) issue a writ of mandamus or other appropriate writ, order or direction directing the 1^st respondent to consider Exhibits P2, P4 and P5 representations submitted by the petitioners and initiate immediate and efficacious action on the same after affording an opportunity of being heard to the petitioners within such short time as this Hon'ble Court may deem fit to grant;

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b) issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

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From the tenor and terms of the pleadings, it is quite clear and evident that, petitioners are aggrieved by alleged illegal construction carried out by the 3^rd respondent on account of Ext.P1 permit granted by the Secretary of the Grama Panchayat. Petitioners have submitted Exts.P2, P4 and P5 before the Secretary, however, no effective action is taken, which constrained the petitioners to approach this court by filing

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WP(C).No. 4250 of 2019 3

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this writ petition.

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Having heard learned counsel for the petitioners, I am of the considered opinion that the writ petition can be disposed of with appropriate directions.

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In that view of the matter, there will be a direction to the 2^nd respondent to finalize the proceedings pertaining to Exts.P2, P4 and P5 complaints submitted by the petitioners at the earliest, and at any rate, within three weeks from the date of receipt of a copy of this judgment, after providing notice of hearing to the petitioners as well as the 3^rd respondent.

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I make it clear that, by making above directions, I have not considered the subject issue on the merits of the matter. All question of law and facts raised if any in this writ petition, are all left open.

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The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

uu 13.02.2019

WP(C).No. 4250 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF BUILDING PERMIT NO. SEN CLERK BA(39995) 2017 DATED 11/08/2017 ALONG WITH BUILDING PLAN NO. 3646/2017 ISSUED BY SREEKRISHNAPURAM GRAMA PANCHAYAT.
EXHIBIT P2	TRUE COPY OF COMPLAINT DATED 8-12- 2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P3	TRUE COPY OF MINUTES OF THE MEETING AND THE DECISIONS TAKEN THEREIN ON 18-12-2017.
EXHIBIT P4	TRUE COPY OF REPRESENTATION DATED 24-3-2018 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P5	TRUE COPY OF REPRESENTATION DATED 2- 5-2018 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P6	TRUE COPY OF REPLY DATED 04-05-2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P7	TRUE COPY OF REPLY DATED 05-05-2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P8	TRUE COPY OF MEMO FILED BY COUNSEL FOR THE PETITIONERS IN WP(C) NO. 19332/2018 BEFORE THE HON'BLE COURT.
EXHIBIT P9	TRUE COPY OF LETTER DATED 25-06-2018 ISSUED BY THE 2ND RESPONDENT.

Balakrishnan Melekkalam, v. Sreekrishnapuram Grama Panchayat

Case brief

What is this about?

What did the court decide?

Balakrishnan Melekkalam, v. Sreekrishnapuram Grama Panchayat

Case brief

What is this about?

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