Dismissed

Josmi Antony v. Kumbalanghi Grama Panchayat

Kerala HC18 Feb 2021WP(C)/4203/2021

Case brief

AI extract

What is this about?

Petitioners challenged a notice issued to a third party regarding alleged unauthorised construction of a restaurant. The court held the notice was not address to the petitioners and was merely for explanation, dismissing the writ petition.

What did the court decide?

The writ petition was dismissed, holding the notice not to be challengeable as it was issued to a non-party and was merely an explanation notice.

Josmi Antony Vs Kumbalanghi Grama… — Constitutional and Fundamental Rights | 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 SATHISH NINAN

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THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

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WP(C).No.4203 OF 2021(A)

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PETITIONERS:

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1 JOSMI ANTONY AGED 31 YEARS W/O.ANTONY, MALIYAMVEETTIL HOUSE, WARD NO.12, KUMBALANGHI GRAMA PANCHAYAT, KUMBALANGHI P.O., ERNAKULAM DISTRICT.

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2 SEENA JOSEY, AGED 47 YEARS W/O.JOSSY RAPHAEL, MALIYAMVEETTIL HOUSE, WARD NO.12, KUMBALANGHI GRAMA PANCHAYAT, KUMBALANGHI P.O., ERNAKULAM DISTRICT.

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3 TONCY V.TOMY, W/O.JIJUMON M.J., VELUTHAMANNUNGAL HOUSE, WARD NO.12, KUMBALANGHI GRAMA PANCHAYAT, KUMBALANGHI P.O., ERNAKULAM DISTRICT.

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4 JINTAMOL M.J., AGED 43 YEARS W/O.THOMAS C.V., CHERUPULLI HOUSE, WARD NO.12, KUMBALANGHI GRAMA PANCHAYAT, KUMBALANGHI P.O, ERNAKULAM DISTRICT.

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5 ROSILIN MATHEW, AGED 49 YEARS S/O.LATE MATHEW, MALIYAMVEETTIL HOUSE, WARD NO.12, KUMBALANGHI GRAMA PANCHAYAT, KUMBALANGHI P.O., ERNAKULAM DISTRICT.

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BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.M.G.SREEJITH SMT.K.S.ARCHANA

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WP(C).No.4203 OF 2021(A)

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RESPONDENTS:

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1 KUMBALANGHI GRAMA PANCHAYAT KUMBALANGHI P.O., ERNAKULAM DISTRICT, PIN-682007, REPRESENTED BY ITS SECRETARY.

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2 KUMBALANGHI GRAMA PANCHAYAT COMMITTEE, KUMBALANGHI P.O., ERNAKULAM DISTRICT, PIN-682007, REPRESENTED BY ITS PRESIDENT.

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3 SECRETARY, KUMBALANGHI GRAMA PANCHAYAT, KUMBALANGHI P.O., ERNAKULAM DISTRICT, PIN-682007,

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4 VILLAGE OFFICER, KUMBALANGHI VILLAGE, KUMBALANGHI P.O., ERNAKULAM DISTRICT, PIN-682007.

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GOVT. PLEADER SRI. PAUL ABRAHAM VAKKANAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = Dated this the 18^th day of February, 2021

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JUDGMENT

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Alleging unauthorised construction in violation

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of the provisions of Kerala Panchayat Raj Act,

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Coastal Regulation Zone Rules and the Kerala Conservation of Paddy Land and Wetland Act, 2008, the third respondent issued Ext.P4 notice dated

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08.02.2021 to one George, calling for his explanation as to why steps shall not be taken for demolition of the unauthorised construction. The

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same is under challenge in this writ petition by

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the petitioners who claim to be conducting a restaurant in the building under reference in

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Ext.P4 notice.

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W. P. (C) No.4203 of 2021

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-: 2 :-

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I am of the opinion that the challenge against Ext.P4 is not liable to be entertained for two reasons; firstly, Ext.P4 is only a notice calling for explanations; secondly, Ext.P4 is not issued to the petitioners.

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The Writ Petition is accordingly dismissed.

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Sd/-

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SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

WP(C).No.4203 OF 2021(A)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PROJECT REPORT OF THE RESTAURANT SUBMITTED BY THE PETITIONERS FOR THE CONSIDERATION OF SAF (SOCIETY FOR ASSISTANCE TO FISHERWOMEN). EXHIBIT P1(A) TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 10.02.2021, ISSUED BY THE 4TH RESPONDENT TO MR.P.A.GEORGE. EXHIBIT P2 THE COPY OF THE REGISTERED LEASE AGREEMENT DATED 06.02.2021 ENTERED INTO BETWEEN MR.P.A.GEORGE AND THE PETITIONERS. EXHIBIT P2(A) THE COPY OF THE PROCEEDING DATED 18.01.2021 OF THE THOPPUMPADY BRANCH OF KERALA BANK. EXHIBIT P3 TRUE PHOTOGRAPHS, EVIDENCING THE TEMPORARY SHED CONSTRUCTED BY THE PETITIONERS FOR THE PURPOSE OF THE RESTAURANT AT A DISTANCE OF 2 M AWAY FROM KUMBALANGHI-ANJILITHARA ROAD, OVER AND ABOVE THE MEENKETTU. EXHIBIT P4 THE COPY OF THE NOTICE NO.D-943/2021 DATED 8.2.2021 ISSUED BY THE 3RD RESPONDENT TO MR.GEORGE PULLANATTU. EXHIBIT P5 THE COPY OF THE REPRESENTATION DATED 12.02.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

Josmi Antony v. Kumbalanghi Grama Panchayat

Case brief

What is this about?

What did the court decide?

Josmi Antony v. Kumbalanghi Grama Panchayat

Case brief

What is this about?

What did the court decide?

What the court decided

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