Disposed

Jose Mathew, v. Marangattupally Grama Panchayath

Kerala HC22 Nov 2022WP(C)/19800/2022

Case brief

AI extract

What is this about?

This judgment jointly disposed of two writ petitions concerning unauthorized construction and building permits. It directed the Panchayat to expedite the permit application process for the construction petitioner while maintaining an interim order to prevent further unauthorized building.

What did the court decide?

Directed 2nd Respondent to consider building permit application within 1 month after hearing both parties, and maintain interim order preventing illegal construction.

Jose Mathew, Vs Marangattupally Grama… — 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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 22^ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944

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WP(C) NO. 19800 OF 2022

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PETITIONER:

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JOSE MATHEW, AGED 62 YEARS S/O. MATHEW, KUNNEL (H), KURIANADU KARA, MONIPPALLY VILLAGE, MEENACHIL TALUK, PIN - 686 636.

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BY ADVS. T.H.ABDUL AZEEZ T.R.RAJAN

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RESPONDENTS:

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1 MARANGATTUPALLY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MARANGATTUPILLY P. O., KOTTAYAM DISTRICT, PIN - 686 635. 2 THE SECRETARY, MARANGATTUPILLY GRAMA PANCHAYATH, MARANGATTUPILLY P. O, KOTTAYAM DISTRICT, PIN - 686 635. 3 E.K PRATHAPACHANDRAN, AGED 71 YEARS S/O. KRISHNAN ITTY, NAMBOORICKAL (H), KURIANAD KARA, MONIPPALLY VILLAGE, MEENACHIL TALUK, KOTTAYAM, PIN - 686 636.

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SRI.SUNIL CYRIAC, SC, MARANGATTUPALLY GRAMA PANCHAYAT, KOTTAYAM

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2022, ALONG WITH WP(C).20110/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.19800 & 20110 OF 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 MURALI PURUSHOTHAMAN TUESDAY,THE 22^ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA,1944

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WP(C) NO. 20110 OF 2022

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PETITIONER:

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E.K. PRATHAPACHANDRAN S/O. LATE E.I.KRISHNAN, AGED 73 YEARS, NAMBURAKKAL HOUSE, KURIANAD P. O., KOTTAYAM DISTRICT - 686 636.

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BY ADV SRI. BINOY VASUDEVAN

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RESPONDENTS:

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1 MARANGATTUPALLY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, MARANGATTUPILLLY P. O., KOTTAYAM DISTRICT - 686 635. 2 THE SECRETARY, MARANGATTUPILLY GRAMA PANCHAYAT, MARANGATTUPILLLY P. O., KOTTAYAM DISTRICT - 686 635. 3 JOSE MATHEW, AGED 59 YEARS, S/O. MATHEW, KUNNEL HOUSE, KURIANAD P. O., KOTTAYAM DISTRICT - 686 636. SRI.SUNIL CYRIAC, SC, MARANGATTUPALLY GRAMA PANCHAYAT, KOTTAYAM T.H.ABDUL AZEEZ K.P.MAJEED MOHAMMED SADIQUE.T.A K.M.MOHAMMED YUSUFF SHANKAR V.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.11.2022, ALONG WITH WP(C).19800/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos.19800 & 20110 OF 2022

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JUDGMENT

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Since common issues arise for consideration in

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both the writ petitions, they are disposed of by this common judgment.

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W.P.(C) No.19800 of 2022 is filed for a direction to respondents 1 and 2 therein to take action against certain constructions carried out by the 3^rd respondent (petitioner in W.P. (C) No.20110 of 2022), without building permit from the 1^st respondent Panchayat. On 17.06.2022, this Court has passed an interim order that if the petitioner brings to notice any illegal construction before respondents 1 and 2, they shall ensure that no illegal construction is carried out without building permit.

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W.P.(C) No.20110 of 2022 is filed by the 3^rd respondent in W.P.(C) No.19800 of 2022 challenging

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WP(C).Nos.19800 & 20110 OF 2022

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Exts.P5 and P6 proceedings initiated by the 2^nd respondent against the construction being carried out by him and for a direction to the 2^nd respondent to grant permission to the petitioner for reconstruction of the building and to consider the application for building permit receipt of which is evidenced by Exts.P7 and P8, expeditiously.

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When these writ petitions came up for further consideration today, Sri.Sunil Cyriac, the learned Standing Counsel for the Panchayat submits that, the petitioner in W.P.(C) No.19800 of 2022 has filed an objection to the application for building permit submitted by the 3^rd respondent therein and that the said petitioner was heard on 01.07.2022 on his complaint against the unauthorised construction alleged to be carried out by the 3^rd respondent. The learned Standing Counsel further submits that the 2^nd respondent will hear both the writ petitioners and will

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WP(C).Nos.19800 & 20110 OF 2022

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pass appropriate orders on the application for building permit. Recording the said submission, these writ petitions are disposed of with a direction to the 2^nd respondent to consider the application of the petitioner in W.P(C) No.20110 of 2022 for building permit and pass appropriate orders within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners. Till such time, the interim order dated 17.06.2022 passed by this Court in W.P. (C) No.19800 of 2022 will continue.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).Nos.19800 & 20110 OF 2022

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1 TRUE COPY CERTIFICATE DATED 30.10.2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 30.11.2021 OF THE SUB COURT, PALA IN AS NO. 71 OF 2020. EXHIBIT P3 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY. EXHIBIT P4 TRUE COPY OF THE SKETCH IN I.A. NO. 1368 OF 2019 IN OS NO. 151/2019 ON THE FILES OF THE MUNSIFF COURT, PALA. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 06.06.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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RESPONDENTS EXHIBITS: NIL.

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WP(C).Nos.19800 & 20110 OF 2022

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1	TRUE COPY OF THE	POSSESSION
	CERTIFICATE IN RESPECT PETITIONER'S PROPERTY DATED	OF THE 18-03-2022
	ISSUED BY THE VILLAGE MONIPALLY VILLAGE.	OFFICER,
EXHIBIT P2	TRUE COPY OF THE LAND TAX RESPECT OF THE PETITIONER' DATED 13-04-2022 ISSUED BY OFFICER, MONIPALLY VILLAGE.	RECEIPT IN S PROPERTY THE VILLAGE
EXHIBIT P3	TRUE COPY OF THE JUDGMENT D 2020 IN O.S.NO.151/2019 ON THE COURT OF THE MUNSIFF AT	ATED 30-11- THE FILE OF PALA.
EXHIBIT P4	TRUE COPY OF THE JUDGMENT D 2021 IN A.S.NO.71/2020 ON THE COURT OF THE SUBORDINA PALA.	ATED 30-11- THE FILE OF TE JUDGE AT
EXHIBIT P5	TRUE COPY OF THE ORDER S.C.1/1566-2022 DATED ISSUED BY THE 2ND RESPONDEN	BEARING NO 17-06-2022 T.
EXHIBIT P6	TRUE COPY OF THE NOTICE UN 235W(2)(1) OF THE KERALA PA	DER SECTION NCHAYAT RAJ
	ACT, 1994 DATED 17-06-2022 THE 2ND RESPONDENT.	ISSUED BY
EXHIBIT P7	TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISS 1ST RESPONDENT DATED 18-06-	ON-LINE UED BY THE 2022.
EXHIBIT P8	TRUE COPY OF THE RECEIPT PAYMENT OF FEE DATED 18-06-	EVIDENCING 2022.

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RESPONDENTS EXHIBITS: NIL.

Jose Mathew, v. Marangattupally Grama Panchayath

Case brief

What is this about?

What did the court decide?

Jose Mathew, v. Marangattupally Grama Panchayath

Case brief

What is this about?

What did the court decide?

What the court decided

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