The High Court of Kerala disposed of two connected writ petitions by holding that the judgment in W.P.(C)No.32495/2019 effectively operates in favor of the petitioners. Consequently, the Court determined no further orders were necessary in these proceedings.
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 DEVAN RAMACHANDRAN
MONDAY, THE 16TH DAY OF DECEMBER 2019 / 25TH AGRAHAYANA, 1941
WP(C).No.29726 OF 2013(M)
PETITIONER:
KRISHNANKUTTY
AGED 67 YEARS
S/O.LATE VELU, PULLUNNIYIL HOUSE, KOKKOOR PO, ALAMCODE PANCHAYATH, MALAPPURAM DISTRICT,PIN 679 591.
BY ADVS. SRI.T.SANJAY SMT.C.N.NOORUL HIDAYA
RESPONDENTS:
1 THE ALAMCODE GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KOKKOOR PO, ALAMCODE PANCHAYATH, MALAPPURAM DISTRICT,PIN 679 591.
2 PAUL VARGHESE CHALLALIL HOUSE, ALANKODE (PO), ALANKODE VILLAGE, PONNANI TALUK, MALAPPURAM DISTRICT, PIN -679585.
3 K.S.BALAKRISHNAN KANATTIL HOUSE, CHIYYANOOR, KOKKUR.P.O., ALANKODE VILLAGE, PONNANI TALUK, MALAPURAM DISTRICT, PIN -678 585.
BY ADV. SRI.T.K.SAIDALIKUTTY BY ADV. SRI.JOMON P.VARGHESE BY ADV. SRI.M.I.JOHNSON BY ADV. SRI.T.K.MOIDEEN KUTTY BY ADV. SRI.PRAVEEN K. JOY
OTHER PRESENT:
GP -SMT. POOJA SURENDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.12.2019, ALONG WITH WP(C).860/2014(F), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.29726/2013 & 860/2014
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 16TH DAY OF DECEMBER 2019 / 25TH AGRAHAYANA, 1941
WP(C).No.860 OF 2014
PETITIONERS:
POURASAMITHI,REP BY ITS SECRETARY WARD NO.XVI/256, ALAMCODE GRAMA PANCHAYAT, CHIYYANNOOR, KOKKUR P.O., MALAPPURAM DISTRICT, PIN 679591. REPRESENTED BY ITS SECRETARY, MUHAMMAD SAGEER.P.V., S/O.ABOOBACKER HAJI, RESIDING AT PUTHIYAVEETTIL HOUSE, CHIYYANNOOR, KOKKUR P.O., MALAPPURAM DISTRICT, PIN 679591.
BY ADVS. SRI.M.R.ANISON SMT.ANNIE JACOB SMT.V.BHARGAVI (PANANGAD) SMT.K.P.GEETHA MANI SMT.T.B.REMANI SMT.P.A.RINUSA
RESPONDENTS:
1 DISTRICT COLLECTOR,MALAPPURAM REPRESENTED BY ITS DIRECTOR, JALAVIJNANA BHAVAN, AMBALAMUKKU, KOWDIAR P.O., THIRUVANANTHAPURAM-695003.
2 THE DISTRICT OFFICER GROUND WATER DEPARTMENT, CIVIL STATION, B BLOCK, MALAPPURAM, PIN 676505. 3 THE DISTRICT COLLECTOR MALAPPURAM DISTRICT, PIN 676505.
4 THE SECRETARY ALAMCODE GRAMA PANCHAYATH, KOKKUR P.O., MALAPPURAM DISTRICT, PIN 679591. 5 KRISHNANKUTTY PULLUNNIYIL HOUSE, KOKKUR P.O., MALAPPURAM DISTRICT, PIN 679591.
BY ADV. SRI.M.I.JOHNSON BY ADV. SRI.S.JUSTUS BY ADV. SRI.T.K.MOIDEEN KUTTY BY ADV. SRI.T.K.SAIDALIKUTTY BY ADV. SRI.V.SETHUNATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.12.2019, ALONG WITH WP(C).29726/2013(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.29726/2013 & 860/2014
3
J U D G M E N T
I have already delivered a judgment in W.P.
(C)No.32495/2019, which effectively operates in favour of the petitioners herein to a substantial extent.
I therefore, do not deem it appropriate to issue any further orders in these writ petitions and to thus close it; however, making it clear that the directions in the judgment in W.P.(C)No.32495/2019 will apply to these cases also.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C).Nos.29726/2013 & 860/2014
4
APPENDIX OF WP(C) 29726/2013
| PETITION | ER'S/S EXH | IBITS: |
|---|---|---|
| EXHIBIT | P1 | EXHIBIT P1 COPY PF THE TRUE COPY OF THE COVER PAGE OF THE PROJECT REPORT |
| EXHIBIT | P2 | EXHIBIT P2 COPY OF THE DECISIOIN OF THE PANCHAYATH COMMITTEE NO. IV(2) DATED 28/5/2012 |
| EXHIBIT | P3 | EXHIBIT P3 COPY OF THE LOAN PASS BOOK ISSUED BY THE CHANGARAMKULAM BRANCH OF THE FEDERAAL BANK |
| EXHIBIT | P4 | EXHIBIT P4 COPY OF THE BUILDING PLAN APPROVED BY THE RESPONDENT PANCHAYATH |
| EXHIBIT | P5 | EXHIBIT P5 COPY OF THE APPROVAL OF THE PLAN BY THE TOWN PLANNER, MALAPPURAM DISTRICT |
| EXHIBIT | P6 | EXHIBIT P6 COPY OF THE NOC /CLEARANCE ISSUED BY THE ASST.DSIVISIONAL FIRE SAFETY OFFICE |
| EXHIBIT | P7 | EXHIBIT P7 COPY OF THE APPROVAL GIVEN BY THE DISTRICT INDUSTRIES DEPARTMENT |
| EXHIBIT | P8 | EXHIBIT P8 COPY OF THE CONSENT GIVEN BY THE KERALA STATE POLLUYTION CONTROL BOARD |
| EXHIBIT | P9 | EXHIBIT P9 COPY OF THE RECEIPT ISSUED BY THE RESPONDENT PANCHAYATH, TOWARDS THE ISSUANCE OF THE BUILDING PERMIT |
WP(C).Nos.29726/2013 & 860/2014
5
APPENDIX OF WP(C) 860/2014
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | EXHIBIT-P1: TRUE COPY OF THE DECISION NO.IV (2) TAKEN BY THE PANCHAYATH IN ITS MEETING HELD ON 28.05.2012. |
|---|---|
| EXHIBIT P2 | EXHIBIT-P2: TRUE COPY OF THE ORDER NO.A3/1562/2012/K.DIS DATED 29.10.2012. |
| EXHIBIT P3 | EXHIBIT-P3: TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 23.11.2012 ISSUED BY THE ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, MALAPPURAM. |
| EXHIBIT P4 | EXHIBIT-P4: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 20.12.2013. |
| EXHIBIT P5 | TRUE COPY OF THE CERTIFICATE DATED 14/01/1982 ISSUED BY THE GOVERNMENT. |
| EXHIBIT P6 | TRUE COPY OF THE CERTIFICATE DATED 28/09/2010 ISSUED BY THE GOVERNMENT OF INDIA, DRUGS CONTROL ADMINISTRATION. |
| EXHIBIT P7 | A TRUE COPY OF THE RESOLUTION PASSED BY THE PANCHAYAT DATED 30/04/2013. |
| EXHIBIT P8 | A TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE PANCHAYAT BY 79 PERSONS INCLUDING ONE MANJAKKATTU VILASINI. |
| EXHIBIT P9 | A TRUE COPY OF THE LETTER ISSUED BY THE PANCHAYATH DATED 18/01/2014 (UNDER RIGHT TO INFORMATION ACT) |
| EXHIBIT P10 | TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 02/06/2014 BEFORE THE 1ST RESPONDENT. |
| EXHIBIT P11 | TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT'S OFFICE, UNDER ON 27/01/2014 AND THE REPLY AND COPIES OF THE COMPLAINTS OBTAINED FROM THE 4TH RESPONDENT'S OFFICE. |
| EXHIBIT P12 | TRUE COPY OF THE COVERING LETTER DATED 13/02/2014 GIVEN BY THE 4TH RESPONDENT'S OFFICE. |
| EXHIBIT P12 A | TRUE COPY OF THE REPLY RECEIVED FROM THE 4TH RESPONDENT'S OFFICE, NOTICE GIVEN BY THE PEOPLES |
WP(C).Nos.29726/2013 & 860/2014
6
| FORUM ON 05/06/2014. | |
|---|---|
| EXHIBIT P12 B | TRUE COPY OF THE DOCUMENT DATED 30/04/2013 OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT. |
| EXHIBIT P12 C | TRUE COPY OF THE DOCUMENT OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT. |
| EXHIBIT P13 | TRUE COPY OF THE NOTICE GIVEN BY THE PEOPLES FORUM DATED 05/06/2014. |
| RESPONDENT'S/S EXHIBITS: | |
| EXHIBIT R5(A) | THE TRUE COPY OF THE DECISION OF THE PANCHAYATH COMMITTEE NO.IV(2) DATED 28/05/2012. |
| EXHIBIT R5(B) | THE TRUE COPY OF THE LOAN PASS BOOK ISSUED BY THE CHANGARAMKULAM BRANCH OF THE FEDERAL BANK. |
| EXHIBIT R5(C) | TRUE COPIES OF THE CONSENT LETTERS GIVEN BY THE PERSONS RESIDING NEARBY. |
| EXHIBIT R5(D) | THE TRUE COPY OF THE BUILDING PLAN APPROVED BY THE 4TH RESPONDENT PANCHAYAT. |
| EXHIBIT R5(E) | THE TRUE COPY OF THE APPROVAL OF THE PLAN BY THE TOWN PLANNER, MALAPPURAM DISTRICT. |
| EXHIBIT R5(F) | THE TRUE COPY OF THE NOC/CLEARANCE ISSUED BY THE ASSISTANT DIVISIONAL FIRE SAFETY OFFICE. |
| EXHIBIT R5(G) | THE TRUE COPY OF THE APPROVAL GIVEN BY THE DISTRICT INDUSTRIES DEPARTMENT. |
| EXHIBIT R5(H) | THE TRUE COPY OF THE CONSENT GIVEN BY THE KERALA STATE POLLUTION CONTROL BOARD. |
| EXHIBIT R5(I) | TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT PANCHAYATH, TOWARDS THE ISSUANCE OF THE BUILDING PERMIT. |
Colour shows how this judgement treated each authority
W.P.(C)No.32495/2019Referred¶39
KRISHNANKUTTY
THE ALAMCODE GRAMA PANCHAYATH
PAUL VARGHESE CHALLALIL
K.S.BALAKRISHNAN
POURASAMITHI
DISTRICT COLLECTOR, MALAPPURAM
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
