Disposed

Shoukathali P.T., v. Koppam Grama Panchayath

Kerala HC8 Dec 2020WP(C)/6815/2020

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought relief after the Panchayat rejected his occupancy certificate application for a commercial building. While a regularisation application was pending, the Court directed the Panchayat to decide it within four weeks.

What did the court decide?

Directed the Panchayat to take a decision on the pending regularisation application within a period of four weeks.

Shoukathali P.T., Vs Koppam Grama Panchayath — Writ and Judicial Review | 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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TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942

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WP(C).No.6815 OF 2020(B)

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PETITIONER:

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SHOUKATHALI P.T., AGED 44 YEARS, S/O. MUHAMMED, PATTANMARU THODI HOUSE, PULASSERY P.O., KOPPAM, PALAKKAD DISTRICT-679 307.

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BY ADVS. SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI SRI.A.HAROON RASHEED

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RESPONDENTS:

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1 KOPPAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOPPAM, PULASSERY P.O., PALAKKAD DISTRICT-679 307.

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2 THE SECRETARY, KOPPAM GRAMA PANCHAYATH, KOPPAM, PULASSERY P.O., PALAKKAD DISTRICT-679 307.

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3 THE DISTRICT TOWN PLANNER, OFFICE OF THE DISTRICT TOWN AND VILLAGE PLANNING, CIVIL STATION, PALAKKAD, PIN-678 001.

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R1-2 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R1-2 BY ADV. SMT.N.SANTHA R1-2 BY ADV. SRI.V.VARGHESE R1-2 BY ADV. SRI.PETER JOSE CHRISTO R1-2 BY ADV. SRI.S.A.ANAND R1-2 BY ADV. SMT.K.N.REMYA R1-2 BY ADV. SMT.L.ANNAPOORNA R1-2 BY ADV. SHRI.VISHNU V.K. R1-2 BY ADV. KUM.ABHIRAMI K. UDAY

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M R DHANIL GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.6815 OF 2020(B)

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..2..

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JUDGMENT

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Dated this the 8th day of December 2020

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The petitioner constructed a commercial building pursuant to Ext.P1 building permit issued by the Koppam Grama Panchayat. The petitioner submitted an application for issuance of occupancy certificate. This was rejected stating that there exists several defects. Challenging this, the petitioner approached this Court.

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Pending the writ petition, the petitioner submitted Ext.P12 application for regularisation. This application is pending.

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In view of the fact that the application for regularisation is pending, the Panchayat is directed to take a decision on the application for regularisation, within a period of four weeks and pass appropriate orders.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).No.6815 OF 2020(B)

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..3..

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT.

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EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 09/06/2016 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE DATED 27/07/2017 ISSUED BY THE TAHSILDAR, PATTAMBI.

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EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 17/09/2018 ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 22/01/2019 ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 12/04/2019 ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED 05/08/2019 ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 25/10/2019 ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P9 TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S BUILDING.

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EXHIBIT P10 TRUE COPY OF THE APPLICATION DATED 20/11/2019 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS.

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WP(C).No.6815 OF 2020(B)

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..4..

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EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 09/01/2020 ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P12

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THE TRUE COPY OF THE REVISED BULDING PLAN ALONG WITH COVERING LETTER DATED 9.10.2020

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RESPONDENTS EXHIBITS:

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EXHIBIT-R1(A)

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TRUE COPY OF THE LETTER NO. A22405/2018 DATED 31/10/2019 OF THE SECRETARY, KOPPAM GRAMA PANCHAYATH

Shoukathali P.T., v. Koppam Grama Panchayath

Case brief

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Shoukathali P.T., v. Koppam Grama Panchayath

Case brief

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