Petitioner alleged unauthorized staircase construction by the 5th respondent violating Kerala Panchayat Raj Act and Building Rules. Court noted proceedings were initiated. Petition disposed directing final orders within one month.
Direct final decision in the matter within one month from receipt of judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944
WP(C) NO. 1147 OF 2021
PETITIONER:
HAFSA BEEVI SHAJAHAN
AGED 48
D/O P.K.KAREEM, THEENATTU HOUSE, DARUSSALAM
JUNCTION, THAIKKATTUKARA, ALUVA, PIN-683 106.
BY ADV K.R.SUNIL
RESPONDENTS:
1 THE DISTRICT COLLECTOR, ERNAKULAM,PIN-682 032.2 THE DEPUTY DIRECTOR OF PUNCHAYATH'S CIVIL STATION, KAKKANAD, PIN-682 030.3 THE CHOORNIKKARA GRAMA PANCHAYATH, CHOORNIKKARA, ALUVA, ERNAKULAM, PIN-683 106.4 THE SECRETARY, CHOORNIKKARA GRAMA PANCHAYATH, CHOORNIKKARA, ALUVA, ERNAKULAM, PIN-683 106.5T.H. YAHIYA,
AGED 42
S/O HAMEED, THEENATTU HOUSE, DARUSSALAM JUNCTION,
THAIKKATTUKARAA, ALUVA,PIN-683 106.
BY ADVS.
ANIL K.MUHAMED
A.B.JALEEL
A.J.SHAHEER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) No.1147 of 2021.
JUDGMENT
Dated this the 12th day of December, 2022 .
The petitioner has approached this Court alleging that the 5th respondent has carried out certain constructions in violation of the provisions of the Kerala Panchayat Raj Act and the Building Rules, 1994. Against such construction, though the petitioner had approached the 4th respondent vide Ext.P1, no action has been taken thereon. Accordingly, the petitioner has filed this writ petition for the following relief:-
"To issue a Writ of Mandamus, Orders or Directions directing the 2nd , 3rd and 4th respondents to forthwith initiate actions against the illegal and unauthorized constructions carried out by the 5th respondent in his property in violation of the Kerala Panchayath Building Rules".
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W.P.(C) No.1147 of 2021.
respondents 3 and 4 wherein Paragraph 4 reads as follows:-
It is submitted that regarding the allegations with respect to the illegal construction of stair case, a provisional order dated 04/02/2022 directing the 5th respondent to demolish and remove the illegal construction or to furnish his explanation in this matter is issued. On receipt of the same, an explanation dated 14/02/2022 was submitted by him. The said explanation is pending consideration and an order will be passed in this regard without any delay.
to the provisional order cum show cause notice referred
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W.P.(C) No.1147 of 2021.
to in the statement shall be passed within a period of one month from the date of receipt of a copy of this judgment.
This writ petition is disposed of with the said
direction.
Sd/- MURALI PURUSHOTHAMAN JUDGE
Raj. 12.12.2022.
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W.P.(C) No.1147 of 2021.
APPENDIX OF WP(C) 1147/2021
PETITIONER EXHIBITS
Exhibit P7THE TRUE COPY OF THE GENERAL BUILDING
PERMIT DATED 28.10.2019.
Exhibit P8THE TRUE COPY OF THE APPROVED PLAN
DATED 28.10.2019
Exhibit P9THE TRUE COPY OF THE BUILDING PERMIT
ISSUED TO THE PETITIONER.
Exhibit P10TRUE COPY OF THE APPROVED PLAN ISSUED
TO THE PETITIONER.
Exhibit P11THE PHOTOGRAPHS EVIDENCING THE 5TH
RESPONDENT'S BUILDING BEFORE THE
CONSTRUCTION OF THE UNAUTHORISED
STAIRCASE AND AFTER THE. CONSTRUCTION
OF THE UNAUTHORISED STAIRCASE.
EXHIBIT P1THE TRUE COPY OF THE COMPLAINT
SUBMITTED BEFORE THE 4TH RESPONDENT
DATED 6.11.2020
EXHIBIT P2THE TRUE COPY OF THE COMPLAINT DATED
12.11.2020 SENT THROUGH REGISTERED
POST TO THE 4TH RESPONDENT
EXHIBIT P3THE TRUE COPY OF THE ANALYSIS REPORT
DATED 23.11.2020
EXHIBIT P4THE TRUE COPY OF THE COMPLAINT DATED
27.11.2020 SENT THROUGH RESISTED POST
TO THE 4TH RESPONDENT
EXHIBIT P5THE TRUE COPY OF THE LETTER DATED
4.12.2020 SENT BY THE 2ND RESPONDENT
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W.P.(C) No.1147 of 2021.
TO THE 4TH RESPONDENT
EXHIBIT P6THE TRUE COPY OF THE COMPLAINT DATED
14.12.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P7 The true copy of the general building permit dated 28.10.2019.
Exhibit P8 The true copy of the approved plan
dated 28.10.2019
Exhibit P9 The true copy of the building permit
issued to the petitioner.
Exhibit P10 True copy of the approved plan issued
to the petitioner.
Exhibit P11 The photographs evidencing the 5th respondent's building before the construction of the unauthorised staircase and after the. construction of the unauthorised staircase.
EXHIBIT R1 The true of the consent letter
22.01.2021
ExhibitR2. The true copy of the information
dated 28.12.2020
issued by 4th respondent
ExhibitR3
The true copy of the information
dated
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W.P.(C) No.1147 of 2021.
13.01.2021 issued by the
2nd respondent.
1 issue framed by the court
Whether the High Court should direct the respondents to initiate action against illegal constructions violated building rules.
3 provisions across 2 enactments
Hafsa Beevi Shajahan
The District Collector, Ernakulam
The Deputy Director of Panchayath's Civil Station, Kakkanad
The Choorikkara Grama Panchayath
The Secretary, Choorikkara Grama Panchayath
T.H. Yahiya
Murali Purushothaman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court