Remanded

The District Collector, Kollam v. K.Purushan

Kerala HC11 Aug 2021WA/2361/2019

Case brief

AI extract

What is this about?

In this neighbourhood dispute alleging violation of Kerala Panchayat Building Rules, 2011, the Supreme Court directed the District Collector to conduct an enquiry and hearing between the parties regarding alleged unauthorised construction and operation of a lodging house without No Objection Certificate (NOC).

What did the court decide?

District Collector to conduct an enquiry and hear both parties and take a decision within three months regarding the neighbourhood dispute.

The District Collector, Kollam Vs K.Purushan — Writ and Judicial Review | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

¶5

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TUESDAY, THE 12^TH DAY OF MARCH 2024 / 22ND PHALGUNA, 1945 WP(C) NO. 2361 OF 2019

¶6

PETITIONER/S:

¶7

KUNJAMMA SEBASTIAN AGED 64 YEARS

¶8

W/O. SEBASTIAN, MUNNAR DREAM PALACE, OPP. POLICE STATION, MUNNAR KANNAN DEVAN HILLS, KANNAN DEVAN HILLS VILLAGE, DEVIKULAM TALUK, MUNNAR IDUKKI DISTRICT 685 612.

¶9

BY ADVS. SAJI MATHEW SMT.NEETHU REGHUKUMAR Denu Joseph . ASWIN T SURESH(K/000706/2016) MUHISEENA.V.Z(K/001437/2023)

¶10

RESPONDENT/S:

¶11

1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE SECRETARIAT, THIRUVANANTHAPURAM 685 001.

¶12

2 MUNNAR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MUNNAR, NULLATANNI, MUNNAR, IDUKKI DISTRICT 685 612.

¶13

3 DISTRICT COLLECTOR, IDUKKI , 685 603.

¶14

4 SUB DIVISIONAL MAGISTRATE /SUB COLLECTOR, IDUKKI, DEVIKULAM, 685 602.

¶15

WP(C) NO. 2361 OF 2019

¶16

..2..

¶17

5 REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI 685 613.

¶18

6 TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT, 685 613.

¶19

7 VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE, DEVIKULAM, IDUKKI DISTRICT, 685 613.

¶20

8 CIRCLE INSPECTOR OF POLICE, DEVIKULAM TALUK, MUNNAR, IDUKKI DISTRICT 685 612.

¶21

9 VIJAYAKUMAR , AGED 50 YEARS

¶22

S/O. PETER, LAKSHATH INN LODGE, OPP. POLICE STATION, MUNNAR, KANNAN DEVAN HILLS, KANNAN DEVAN HILLS VILLAGE, DEVIKULAM TALUK, MUNNAR. 685 612.

¶23

BY ADVS. K.R.PRATHISH SRI.A.A.ZIYAD RAHMAN P.K.SREEVALSAKRISHNAN(K/581/2005) S.UNNIKRISHNAN (NELLAD)(K/211/2006) JOEL CHALAMANA(K/001360/2022) KRISHNA DAS(K/003368/2022)

¶24

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶25

WP(C) NO. 2361 OF 2019

¶26

..3..

¶27

JUDGMENT

¶28

A. MUHAMED MUSTAQUE, J.

¶29

The neighbourhood dispute in this matter is essentially pointing out violation of the Kerala Panchayat Building Rules, 2011 (for short, “the Rules”).

¶30

The petitioner complains that the ninth respondent is undertaking construction in disregard to the Rules and without obtaining NOC. The ninth respondent also has a case that the petitioner is running a lodging house in violation of the Rules and there is no patta.

¶31

In the light of the above, we are of the view that the District Collector shall take an appropriate decision in the matter after conducting an enquiry and after hearing both parties, within a period of three months. The interim order passed by this Court will continue until a decision is

¶32

WP(C) NO. 2361 OF 2019

¶33

..4..

¶34

taken by the District Collector. Both parties shall mark appearance before the District Collector on 25.03.2024.

¶35

The writ petition is disposed of as above.

Sd/-

A. MUHAMED MUSTAQUE

JUDGE

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE

bka/-

WP(C) NO. 2361 OF 2019

¶44

..5..

¶45

APPENDIX OF WP(C) 2361/2019

¶46

PETITIONER EXHIBITS

¶47

Exhibit P16	TRUE COPY OF THE PHOTOGRAPHS(3NOS) OF THE BUILDING COVERED.
Exhibit P17	TRUE COPY OF THE COMPLAINT DATED 25/09/2023 BY THE PETITIONER TO THE 3RD RESPONDENT DISTRICT COLLECTOR, IDUKKI.
Exhibit P18	TRUE COPY OF THE COMPLAINT DATED 01/09/2023 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT.P8	True copy of the license No. 2702/23 dated 06.06.2023
EXHIBIT.P9	True copy of the fee acknowledgement receipt dated nil evidencing that the application submitted was for renewal of license
EXHIBIT.P10	True copy of the tax receipt dated 05.06.2023 issued by the 2nd Respondent evidencing receipt of building tax
EXHIBIT.P11	True copy of the tax receipt for the property in Survey No.62/28A in the name of P. Radhamani
EXHIBIT.P12	True copy of the tax receipt for the property in Survey No. 62/10C in the name of P. Radhamani
EXHIBIT.P13	True copy of the Consent to Operate No.PCB/IDK/ICO/553/12 dated 09.10.2012
EXHIBIT.P.14	True copy of the Reply given by the 2nd Respondent dated 23.02.2019

¶48

WP(C) NO. 2361 OF 2019

¶49

..6..

¶50

EXHIBIT.P15 True copy of the reply under RTI intimating that the 9th Respondent was not issued NOC at any point of time. The reply letter dated 05.01.2019 issued by the village officer, Moonnar.

¶51

RESPONDENT EXHIBITS

¶52

EXHIBIT R9(E) EXHIBIT R9(F)

¶53

TRUE COPY OF THE APPLICATION SUBMITTED BY ME BEFORE THE KERALA STATE POLLUTION CONTROL BOARD ON 4.02.2019.

¶54

TRUE COPY OF THE REPLY ISSUED BY THE POLLUTION CONTROL BOARD ON 2.03.2019.

¶55

PETITIONER EXHIBITS

¶56

EXHIBIT P1

¶57

TRUE COPY OF THE LICENSE ISSUED BY THE 2ND RESPONDENT PANCHAYATH WITH RESPECT TO BUILDING NO. X1-548 OF MUNNAR GRAMAPANCHAYATH

¶58

RESPONDENT EXHIBITS

¶59

EXHIBIT R9(H) TRUE COPY OF THE CERTIFICATE DATED 4.07.2018 ISSUED BY THE MUNNAR GRAMA PANCHAYATH.

¶60

EXHIBIT R9(I)

¶61

TRUE COPY OF THE PERMISSION COMMUNICATED BY WAY OF ORDER DATED A26784/18 DATED 4.12.2018.

¶62

EXHIBIT R9(G) TRUE COPY OF THE CERTIFICATE DATED 8.02.2016 ISSUED BY THE ADDITIONAL TAHSILDAR.

¶63

PETITIONER EXHIBITS

¶64

EXHIBIT P2

¶65

TRUE COPY OF THE CIRCULAR NO. C425908/2015 DATED 9.6.2018 ISSUED BY THE 3RD RESPONDENT.

¶66

WP(C) NO. 2361 OF 2019

¶67

..7..

¶68

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 5TH RESPONDENT DATED 26.2.2016.

¶69

EXHIBIT P4 TRUE COPY OF THE COMPLAINTS SUBMITTED TO THE 4TH RESPONDENT DATED 23.9.2016. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 20.12.2018 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 27.12.2018 SUBMITTED TO THE 2ND RESPONDENT PANCHAYAT, BY THE PETITIONER

¶70

EXHIBIT P7 PHOTOGRAPHS (3 NOS).

¶71

RESPONDENT EXHIBITS

¶72

EXHIBIT R9(A) TRUE COPY OF THE APPLICATION SUBMITTED BY ME UNDER RIGHT TO INFORMATION ACT BEFORE THE SECRETARY TO THE PANCHAYATH DATED 4.02.2019.

¶73

EXHIBIT R9(B) TRUE COPY OF THE REPLY TO EXT R2(A) ISSUED BY THE 2ND RESPONDENT. EXHIBIT R9(C) TRUE COPY OF THE APPLICATION DATED 7.07.2019 SUBMITTED BY ME BEFORE THE VILLAGE OFFICER, MUNNAR.

¶74

EXHIBIT R9(D) TRUE COPY OF THE REPLY DATED 19.07.2019 ISSUED BY THE VILLAGE OFFICER.

The District Collector, Kollam v. K.Purushan

Case brief

What is this about?

What did the court decide?

The District Collector, Kollam v. K.Purushan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Aleesha Shereef Vs the National University of Advanced Legal Studies

Vellangallur Grama Panchayat Vs Lalitha

The Secretary to Government Vs Ibrahim

Central Board of Secondary Education Vs Sreekanth Gopinathan

State Bank of India Scheduled Castes/Scheduled Tribes Employers Welfare Association Vs the Registrar (Society)

State Bank of India Schedule Castes/Schedule Tribes Employers Welfare Association Vs the Sdm Cum Registrar(F and S)