Disposed

Mundayadan Chandroth Leela v. Payyavoor Grama Panchayat

Kerala HC19 Jan 2023WP(C)/1664/2023

Case brief

AI extract

What is this about?

Diressing an warrant petition regarding delay in processing an Occupancy Certificate application, this court directed the second respondent to decide on the application within six weeks after considering the petitioner's reply and providing an opportunity of hearing.

What did the court decide?

Directed 2nd respondent to decide application for Occupancy Certificate within six weeks after hearing petitioner and 3rd respondent.

Mundayadan Chandroth Leela Vs Payyavoor Grama… — Writ and Judicial Review | Kerala HC (2023)

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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 N.NAGARESH

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THURSDAY, THE 19TH DAY OF JANUARY 2023 / 29TH POUSHA, 1944

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WP(C) NO. 1664 OF 2023

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PETITIONERS

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1 MUNDAYADAN CHANDROTH LEELA AGED 63 YEARS D/O CHATHUKUTTI NAMBIAR, 'POURNAMI', PARIPPAYI, CHENGALAYI P.O, KANNUR, PIN – 670631

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2 MUNDAYADAN CHANDROTH VALSALA AGED 58 YEARS

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D/O CHATHUKUTTI NAMBIAR, 'POURNAMI', PARIPPAYI,
CHENGALAYI P.O, KANNUR, PIN – 670631

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3 MUNDAYADAN CHANDROTH VILASINI AGED 53 YEARS D/O CHATHUKUTTI NAMBIAR, 'POURNAMI', PARIPPAYI, CHENGALAYI P.O, KANNUR, PIN – 670631

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4 PAYYAN VEETTIL MINI AGED 43 YEARS D/O CHATHUKUTTI NAMBIAR, 'POURNAMI', PARIPPAYI, CHENGALAYI P.O, KANNUR, PIN – 670631

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BY ADV MANAS P HAMEED

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RESPONDENTS

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1 PAYYAVOOR GRAMA PANCHAYAT PAYYAVOOR, PAYYAVOOR P.O, KANNUR, REPRESENTED BY THE SECRETARY, PIN – 670633

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WP(C) No.1664 of 2023

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2 THE SECRETARY, PAYYAVOOR GRAMA PANCHAYAT PAYYAVOOR, PAYYAVOOR P.O, KANNUR, PIN – 670633

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3 MUNDAYADAN CHANDROTH ABHINAND S/O VALSARAJAN, PAYYAVOOR, PAYYAVOOR P.O, KANNUR, PIN – 670633

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No.1664 of 2023

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J U D G M E N T

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Dated this the 19^th day of January, 2023

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The petitioners are aggrieved by the delay in processing

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the application for Occupancy Certificate applied for by the petitioners.

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The petitioners state that on the basis of a Building Permit, they have constructed a residential building. After construction of the building, the petitioners submitted an application for Occupancy Certificate.

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The Secretary to the Panchayat issued Ext.P4 notice to the petitioners alleging that the petitioners have made certain encroachments and complaint to that effect has been received. The petitioners were required to give reply to the said notice.

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The petitioners state that the petitioners have submitted Ext.P5 reply. Ext.P5 reply was submitted on 03.01.2023. The petitioners seek expeditious conclusion of the proceedings under Ext.P4.

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WP(C) No.1664 of 2023

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Heard the learned counsel for the petitioners. In view

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of the nature of relief to be granted in the writ petition, notice to the respondents is dispensed with.

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The petitioners state that they have applied for an Occupancy Certificate in respect of a building constructed as per the Building Permit issued by the Panchayat. The Panchayat issued Ext.P4 notice on the basis of a complaint filed by the 3^rd respondent. The petitioners have submitted Ext.P5 reply.

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As the petitioners have submitted Ext.P5 reply, it will be only just and proper that the 2^nd respondent takes a decision in the matter expeditiously in accordance with law.

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In the circumstances, the writ petition is disposed of directing the 2^nd respondent to consider Ext.P5 reply submitted by the petitioners to Ext.P4 notice and take a decision on the application for Occupancy Certificate made by the petitioners after giving an opportunity of hearing to the petitioners and the 3^rd respondent, as expeditiously as

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WP(C) No.1664 of 2023

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possible and at any rate, within a period of six weeks. The petitioners shall serve a copy of the writ petition and a certified copy of this judgment to the 2^nd respondent for compliance. It is made clear that this Court has not made any findings on merit, in respect of the claim of the petitioners for Occupancy Certificate.

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Sd/-

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N. NAGARESH, JUDGE

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smm

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WP(C) No.1664 of 2023

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APPENDIX OF WP(C) 1664/2023

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF SITE APPROVAL AND BUILDING
PERMITNO.B5-BA(32044)/2022DATED
27.01.2022 ISSUED BY THE 1ST RESPONDENT
Exhibit P2TRUECOPYOFCOMPLETION
CERTIFICATE/REPORT DATED 24.09.2022
SUBMITTED BY THE PETITIONERS BEFORE THE
2ND RESPONDENT
Exhibit P3TRUE COPY OF BUILDING TAX RECEIPT
NO.KL13014209923/2022 DATED 08.08.2022
ISSUED BY THE VILLAGE OFFICER,
PAYYAVOOR VILLAGE
Exhibit P4TRUECOPYOFNOTICE
NO.401049/BABC06/GPO/2022/2504/(3)
DATED 20.12.2022 ISSUED BY THE 2ND
RESPONDENT
Exhibit P5TRUE COPY OF REPLY DATED 03.01.2023
FILED BY THE PETITIONERS BEFORE THE 2ND
RESPONDENT

Mundayadan Chandroth Leela v. Payyavoor Grama Panchayat

Case brief

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Mundayadan Chandroth Leela v. Payyavoor Grama Panchayat

Case brief

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