Allowed

Shajprasanth K.A. v. State of Kerala

Kerala HC5 Jul 2022WP(C)/10343/2022

Case brief

AI extract

What is this about?

This writ petition sought directions to the Panchayath Secretary to act on a building permit complaint and initiate action against unauthorized construction. The High Court directed the 2nd respondent to consider the application and pass orders within one month, ensuring prior notice to parties.

What did the court decide?

Direction for the 2nd respondent to consider Ext.P2 and pass orders within one month, after giving notice to the petitioner and the 4th respondent.

Shajprasanth K.A. Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2022)

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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.V.KUNHIKRISHNAN

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TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944
WP(C) NO. 10343 OF 2022

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PETITIONER:

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SHAJPRASANTH K.A.
AGED 49 YEARS
S/O. RAMACHANDRAN, HARISREE,
UPPAYICHAL, AZHIKODE P.O., KANNUR-670 009
BY ADVS.
L.RAJESH NARAYAN
HARRIS P.B.

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RESPONDENTS:

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1 STATE OF KERALA REP BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 SECRETARY, AZHIKODE GRAMA PANCHAYATH, AZHIKODE P.O., KANNUR-670 009

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3CHIEF TOWN PLANNER
VIGILANCE, KERALA SWARAJ BHAVAN,
2ND & 3RD FLOOR, NANDANCODE,
THIRUVANANTHAPURAM-695 001
4SHYLESH.K.,
AGED 47 YEARS
S/O. LATE UNNIYAN BHASKARAN,
AP 18/316, UNNIYAN HOUSE, UPPAYICHAL,
AZHIKODE P.O., KANNUR-670 009
BY ADVS.SMT.VIDYA KURIAKOSE, GOVT. PLEADER
P.U.SHAILAJAN
ADVOCATE GENERAL OFFICE KERALA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C).No.10343/2022

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P.V.KUNHIKRISHNAN, J.

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-------------------------------W.P.(C).No.10343 of 2022

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---------------------------------------------Dated this the 05^th day of July, 2022

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JUDGMENT

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This writ petition is filed with following prayers:

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i. Issue a writ in the nature of mandamus or any such other writ, direction or orders commanding the 2^nd respondent to forthwith consider and pass orders on Ext.P2.

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ii. Issue a writ in the nature of mandamus or any such other writ, direction or orders commanding the 3^rd respondent initiate action on the basis of Ext.P3 complaint.

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iii. Issue a writ in the nature of mandamus or any such other writ, direction or orders commanding the 2^nd respondent to initiate action against the unauthorized construction effected by the 4^th respondent forthwith.

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iv. Issue a writ in the nature of mandamus or any such other writ, direction or orders commanding the 2^nd respondent to initiate action against the 4^th respondent for construction without obtaining a permit as

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W.P.(C).No.10343/2022

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mandated by the provisions of Rule 4(2) of Kerala Panchayath Building Rules, after demolishing his old house and using the number plate of this old house to evade building Tax.

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v. Issue any such other writ, appropriate order or direction as this Hon'ble Court may deems fit and proper considering the facts and circumstances of the case.

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(SIC)

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When this writ petition came up for consideration, the learned counsel for the petitioner submitted that he will be satisfied if a direction is issued to the 2^nd respondent to consider Ext.P2 application within a time frame.

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I also heard the learned counsel for the 2^nd respondent and the learned Government Pleader for the 3^rd respondent.

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After hearing both sides, I think the main prayer in the writ petition can be allowed. The 2^nd respondent can be directed to consider Ext.P2, with notice to the petitioner and the 4^th respondent, within a time frame.

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Therefore, this writ petition is disposed of in the following manner:

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W.P.(C).No.10343/2022

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The 2^nd respondent is directed to consider and pass appropriate orders in Ext.P2, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.

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Before passing final orders, the 2^nd respondent will give notice to the petitioner and the 4^th respondent.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

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W.P.(C).No.10343/2022

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APPENDIX OF WP(C) 10343/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE RELEVANT PAGES OF THE
ASSESSMENT REGISTER
Exhibit P2TRUE COPY OF THE COMPLAINT DATED
22.02.2022 BEFORE THE 2ND RESPONDENT
Exhibit P3TRUE COPY OF THE COMPLAINT DATED
28.02.2022 BEFORE THE 3RD RESPONDENT

Shajprasanth K.A. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shajprasanth K.A. v. State of Kerala

Case brief

What is this about?

What did the court decide?

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