Remanded

K.Anandan Nambiar v. Chottanikkara Grama Panchayath

Kerala HC17 Dec 2020WP(C)/18724/2017

Case brief

AI extract

What is this about?

The writ petition challenging notices to remove an unauthorized construction is disposed of. The Court directs the respondent Panchayat to consider the application for regularisation and pass an appropriate order within two months in accordance with Building Rules.

What did the court decide?

Direction to the respondent Panchayat to consider the application for regularisation and pass an appropriate order within two months.

K.Anandan Nambiar Vs Chottanikkara Grama Panchayath — Municipal and Town Planning | Kerala HC (2020)

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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 A.MUHAMED MUSTAQUE

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THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.18724 OF 2017(M)

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PETITIONER:

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SRI.K.ANANDAN NAMBIAR, AGED 71 YEARS, S/O.T.KUNJAMBU NAMBIAR, PLOT NO.2111, KOKKUNNATH HOUSE, SATELITE TOWNSHIP, KAKKANAD P.O, ERNAKULAM DISTRICT-682 030.

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BY ADVS. SRI.P.A.MOHAMMED SHAH SRI.K.ARJUN VENUGOPAL SMT.V.A.HARITHA SMT.MARY RESHMA GEORGE SMT.P.M.MAZNA MANSOOR SRI.SOORAJ T.ELENJICKAL SMT.SANDHYA R.NAIR

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RESPONDENTS:

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1 CHOTTANIKKARA GRAMA PANCHAYATH, REPRESENTED BY SECRETARY,CHOTTANIKKARA GRAMA PANCHAYATH,CHOTTANIKKARA P.O, ERNAKULAM DISTRICT-682 312.

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2 SECRETARY, CHOTTANIKKARA GRAMA PANCHAYATH, CHOTTANIKKARA P.O, ERNAKULAM DISTRICT-682 312.

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BY ADVS. SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.SREEKUMAR SR. SRI.THOMAS P.KURUVILLA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.18724 OF 2017(M)

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-2-

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JUDGMENT

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Dated this the 17th day of December 2020

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This writ petition was filed challenging Exts.P4, P6 and P8

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notices issued by the 2^nd respondent-Secretary, Chottanikkara to remove Grama Panchayat directing the petitioner unauthorised construction.

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The petitioner was granted Ext.P2 building permit for undertaking construction of a residential flat. It appears that certain constructions have been made in deviation from the building permit. The petitioner seeks liberty to approach the respondent Panchayath to regularise such construction.

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Having considered the facts as above, I am of the view that the respondent Panchayat shall consider the application for regularisation and pass an appropriate order, in accordance with the Building Rules, within a period of two months.

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Leaving open all other contentions, the writ petition is disposed of.

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Sd/A.MUHAMED MUSTAQUE JUDGE

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akv

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WP(C).No.18724 OF 2017(M)

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-3-

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 : THE TRUE COPY OF THE TAX RECEIPT DEED DATED 17-6-2015.

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EXHIBIT P2 : THE TRUE COPY OF THE BUILDING PERMIT DATED 9-11-2015. EXHIBIT P3 : THE TRUE COPY OF THE APPROVED PLAN DATED 8-11-2015. EXHIBIT P4 : THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 28-10-2016. EXHIBIT P5 : THE TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 31-10-2016. EXHIBIT P6 : THE TRUE COPY OF THE NOTICE DATED 5-112016. EXHIBIT P7 : THE TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 5-12-2016. EXHIBIT P8 : THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 4-1-2017. EXHIBIT P9 : THE TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 21-1-2017. EXHIBIT P10 : THE TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 21-1-2017. EXHIBIT P11 : THE TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 6-3-2017.

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RESPONDENT'S/S EXHIBITS:

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ANNEXURE R2(a) TRUE COPY OF COMPLAINT DATED 29.06.2016 ALONG WITH THE COVERING LETTER FORWARDED BY THE DISTRICT COLLECTOR.

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ANNEXURE-I TRUE COPY OF REPORT DATED 1.6.2018 PREPARED BY THE 1ST RESPONDENT.

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//TRUE COPY//

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PA TO JUDGE

K.Anandan Nambiar v. Chottanikkara Grama Panchayath

Case brief

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K.Anandan Nambiar v. Chottanikkara Grama Panchayath

Case brief

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