Writ petition where petitioner sought direction to Panchayat to consider his representation for building number assignment post-engineer report. Court directed second respondent to consider the representation within two weeks.
Second respondent directed to consider Ext.P6 representation in light of Ext.P7 report within two weeks.
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 P.B.SURESH KUMAR
WEDNESDAY, THE 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942
WP(C).No.24015 OF 2020(B)
PETITIONER/S:
SURENDRAN K, AGED 54 YEARS, S/O. KUTTY RAMAN, KARIYATHOTTATHIL HOUSE, PERUMUDIYOOR POST, PATTAMBI, PALAKKAD DISTRICT.
BY ADV. SMT.C.K.SHERIN
RESPONDENT/S:
1 MUTHUTHALA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MUTHUTHALA, KOZHIKKOTTIRI P.O, PALAKKAD 679 303.
2 SECRETARY MUTHUTHALA GRAMA PANCHAYAT, MUTHUTHALA, KOZHIKKOTTIRI P.O, PALAKKAD 679 303
SRI.K.J.MANURAJ, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.24015 of 2020
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W.P.(C)No.24015 of 2020
JUDGMENT
The petitioner has constructed a building within the limits of the first respondent Grama Panchayat after obtaining building permit from the Panchayat. After the completion of construction of the building, the petitioner applied for assignment of building number. He was then issued Ext.P5 communication to the effect that the construction undertaken by the petitioner was not in conformity with Rule 64(3) of the Kerala Panchayat Building Rules. According to the petitioner, the factual statement made in Ext.P5 that the construction is not in accordance with Rule 64(3) of the Kerala Panchayat Building Rules, is incorrect. The petitioner therefore pointed out the said fact to the Panchayat. Ext.P6 is the representation preferred by the petitioner in this regard. It is stated by the petitioner that on Ext.P6 representation, the Secretary of the Panchayat has called for a report form the Assistant Engineer concerned and the Assistant Engineer has forwarded Ext.P7
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report to the effect that there is no violation. The petitioner alleges that despite Ext.P7 report, the request of the petitioner for assignment of number to the building is not being considered by the Panchayat. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.
2. Heard the learned counsel for the petitioner.
In so far as it is seen that the grievance of the petitioner is only that Ext.P6 reply sent by the petitioner to Ext.P5 notice is not being considered, I deem it appropriate to dispose of the writ petition directing the second respondent to consider Ext.P6 representation submitted by the petitioner, in the light of Ext.P7 report. Ordered accordingly. This shall be done within two weeks from the date of production of a copy of this judgment.
Sd/-
P.B.SURESH KUMAR
JUDGE
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF BUILDING PERMIT DATED 27-03-2019 ISSUED BY THE RESPONDENTS EXHIBIT P2 TRUE COPY OF ORDER NO.749/19 DATED 15-05-2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF COMMUNICATION DATED 11-07-2019 FROM THE TAHSILDAR TO THE VILALGE OFFICER, MUTHUTHALA EXHIBIT P4 TRUE COPY OF ORDER NO. 749/19 DATED 04-09-2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF LETTER DATED 18-04-2020 FROM THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P6 TRUE COPY OF REPLY SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF REPORT OF ASSISTANT ENGINEER, LSGD
1 issue framed by the court
Whether the petitioner should be directed to consider his representation regarding building number assignment.
SURENDRAN K
MUTHUTHALA GRAMA PANCHAYAT
SECRETARY MUTHUTHALA GRAMA PANCHAYAT
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
