Disposed

Rathnamma Ravi v. State of Kerala

Kerala HC29 Jan 2021WP(C)/18240/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition seeking relief for unauthorized land development and construction causing damage to a soldier's property. The respondent Panchayat admitted the lack of requisite permits. The court made an interim order absolute and granted liberty to approach the appropriate forum.

What did the court decide?

Interim order dated 09.09.2020 made absolute and liberty granted to approach the appropriate forum.

Rathnamma Ravi Vs State of Kerala — Landlord and Tenant | Kerala HC (2021)

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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 P.B.SURESH KUMAR

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FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

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WP(C).No.18240 OF 2020(D)

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PETITIONERS:

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1 RATHNAMMA RAVI, AGED 58 YEARS, W/O.RAVI, METTUMPURATH HOUSE, ERAMALLOOR VILLAGE, NELLIKUZHI P.O., KOTHAMANGALAM TALUK-686 691

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2 RENJITH.M.R. AGED 34 YEARS, S/O.RAVI, METTUMPURATH HOUSE, ERAMALLOOR VILLAGE, NELLIKUZHI P.O., KOTHAMANGALAM TALUK-686 691

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BY ADVS. SRI.ALEXANDER JOSEPH SMT.TERESA C. JOSEPH SMT.AKHILASREE BHASKARAN SHRI.GEORGE ALEX

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE DISTRICT COLLECTOR, KAKKANADU, ERNAKULAM-688 001.

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3 THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA-686 661

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4 THE TAHSILDAR, KOTHAMANGALAM-686 691

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5 THE VILLAGE OFFICER,

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W.P. (C) No.18240 of 2020

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ERAMALLOOR VILLAGE, NELLIKUZHI P.O., KOTHAMANGALAM-686 691

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6 THE DISTRICT POLICE CHIEF, ERNAKULAM(RURAL), ALUVA-683 101

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7 THE INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM-686 691

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8 NELLIKUZHI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NELLIKUZHI P.O., KOTHAMANGALAM-686 691

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9 THE TECHNICAL EXPERT COMMITTEE, REPRESENTED BY ITS CONVENER/THE SECRETARY, NELLIKUZHI GRAMA PANCHAYAT, NILLIKUZHI P.O., KOTHAMANGALAM-686 691

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10 C.M.ALI @ ALIKUNJU, AGED 50 YEARS, S/O. MAMMOONJU, CHATHANATTU HOUSE, ERAMALLOOR KARA, ERMALLOOR VILLAGE, NELLIKUZHI P.O., KOTHAMANGALAM-686 691

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11 KAREEM NELLIMATTATHIL, AGED ABOUT 55 YEARS, S/O NOT KNOWN TO TEH PETITIONER, NELLIMATTATHIL HOUSE, ERAMALLOOR VILLAGE, NELLIKUZHI P.O., KOTHAMANGALAM-686 691

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12 JALEEL.K.T., AGED 35 YEARS, S/O. KAREEM,NELLIMATTATHIL HOUSE, ERAMALLOOR VILLAGE, NELLIKUZHI P.O., KOTHAMANGALM-686 691

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R8 BY ADV. SRI.C.A.NAVAS R10-12 BY ADV. SRI.P.V.ELIAS SMT.G.RANJITA GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-01-2021, THE COURT ON 29-01-2021 DELIVERED THE FOLLOWING:

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W.P. (C) No.18240 of 2020

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W.P.(C) No.18240 of 2020

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J U D G M E N T

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The first petitioner is the mother of the second petitioner. The second petitioner is a Soldier in the Indian Army. The grievance voiced by the petitioners in the writ petition concerns the unauthorized land development and construction activities undertaken by respondents 10 to 12 in the land adjoining the land of the second petitioner. The reliefs sought in the writ petition are the following:

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“i) Issue a writ of Mandamus or any other appropriate writ, order or direction directing 1 st and 8 th respondents to stop the development and construction activities by the 10 th , 11 th and 12 th respondents and their men in the property of the 10 th respondent in Survey No.314/3/1/225/211 of Eramalloor Village of Kothamangalam Taluk of Ward No. 15 of Nelikuzhi Grama Panchayat.

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ii) Issue a writ of Mandamus or any other appropriate writ, order or direction directing 1 st respondent to Constitute the Panchayat Level Technical Expert Committee in Nellikuuzhi Grama Panchayat under Rule 10(12) of the Kerala Panchayat Building Rules 2019

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W.P. (C) No.18240 of 2020

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and issue direction to the 8 th respondent to initiate proceedings under Rule 10 (8) of the Kerala Panchayat Building Rules, for fixing compensation and for suggesting protective measures to solve the issues raised by the petitioner.

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iii) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 8 th respondent to refer Exhibit P7 complaint to the 9 th respondent, and direct the 9 th respondent to fix compensation for the damages and loss caused to the property and house of the 2 nd petitioner and to suggest further protective measures for the issues raised in Exhibit P5 and P7.

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iv) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 3 rd Respondent to consider and dispose of Exhibit P3 and P6.

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v) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 8 th Respondent to consider and dispose of Exhibit P5 and P7.

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vi) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 1 st Respondent to consider and dispose of Exhibit P8.

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vii) Issue appropriate Writ, order or direction to calling for the Development permit and building permit issued by the 8 th respondent to develop land and to construct building in Survey No. 314 /3/1/225/211 of Eramalloor Village of Kothamangalam Taluk of Ward No.15 of Nelikuzhi Grama Panchayat of the 10 th respondent and

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W.P. (C) No.18240 of 2020

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quash the same.

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viii) Issue such other appropriate writ, order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

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2 . On 09.09.2020, this Court passed the

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following interim order:

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“Admit.

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Government Pleader takes notice for respondents 1 to 7. Issue notice by special messenger to respondents 8 to 12.

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Post on 16.09.2020.

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If respondents 10 to 12 have not obtained requisite permits for the construction activities undertaken by them as referred to in the writ petition, the eighth respondent shall forthwith give a communication to that effect to the seventh respondent and in that event, the seventh respondent shall prevent the said activities. “

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3 . A statement has been filed on behalf of the

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eighth respondent Panchayat. The case set out by the petitioners in the writ petition has been admitted by the eighth respondent in the statement, indicating categorically that the development and construction activities undertaken

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W.P. (C) No.18240 of 2020

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by respondents 10 to 12 are without the requisite permits from the Panchayat.

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4 . Though the materials on record indicate that

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extensive damages have been caused to the property and building of the second petitioner on account of the unauthorized land development and construction activities undertaken by respondents 10 to 12, insofar as it has come out that the said development and construction activities are without obtaining requisite permits from the Panchayat, this court is unable to give the reliefs sought for by the petitioners except the relief granted to the petitioners by way of interim order dated 09.09.2020.

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In the circumstances, the writ petition is disposed of making the interim order dated 09.09.2020 absolute, and granting liberty to the petitioners to work out their remedy before the appropriate forum.

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Sd/P.B.SURESH KUMAR, JUDGE.

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YKB

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W.P. (C) No.18240 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT NO.C2 - BA (139429)/2019 DATED 28.05.2019 ISSUED BY THE 8TH RESPONDENT. EXHIBIT P2 TRUE PHOTOGRAPH SHOWING DAMAGES CAUSED TO THE PROPERTY OF THE 2ND PETITIONER, EXHIBIT P2(a) TRUE PHOTOGRAPH SHOWING DAMAGES CAUSED TO THE PROPERTY OF THE 2ND PETITIONER, EXHIBIT P2(b) TRUE PHOTOGRAPH SHOWING DAMAGES CAUSED TO THE PROPERTY OF THE 2ND PETITIONER, EXHIBIT P3 TRUE COPY OF THE E-MAIL COMPLAINT OF THE 2ND PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE MASS COMPLAINT DATED 13.08.2020 TO THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE MASS COMPLAINT DATED 13.08.2020 TO THE 8TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 28.08.2020 OF THE PETITIONERS TO THE 3RD RESPONDENT. EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 28.08.2020 OF THE PETITIONERS TO THE 8TH RESPONDENT. EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 28.08.2020 OF THE PETITIONERS TO THE 1ST RESPONDENT

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RESPONDENT'S/S EXHIBITS: NIL

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//TRUE COPY//

Rathnamma Ravi v. State of Kerala

Case brief

What is this about?

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Rathnamma Ravi v. State of Kerala

Case brief

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What did the court decide?

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