Disposed

Vimal Mavar, v. Varapuzha Grama Panchayat

Kerala HC4 Apr 2024WP(C)/11047/2023

Case brief

AI extract

What is this about?

Writ petition alleging unauthorized two-storied construction by respondents 3 and 4 despite a single-storey building permit. The court directed the Panchayat to consider the regularization application and the petitioner's complaint, hear all parties, and take a decision in accordance with law within three months.

What did the court decide?

Direction to Panchayat to decide regularization application and Ext.P8 complaint after hearing parties, within three months.

Vimal Mavar, Vs Varapuzha Grama Panchayat — Municipal and Town Planning | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

¶4

THURSDAY, THE 4^TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

¶5

WP(C) NO. 11047 OF 2023

¶6

PETITIONER:

¶7

VIMAL MAVAR, AGED 40 YEARS S/O. MAVAR N. R., NETTAYKODATH HOUSE, MANNAMTHURUTH, VARAPUZHA P.O., ERNAKULAM, PIN - 683517

¶8

BY ADVS. LEO LUKOSE ENOCH DAVID SIMON JOEL S.SREEDEV RONY JOSE KAROL MATHEWS SEBASTIAN ALENCHERRY DERICK MATHAI SAJI

¶9

RESPONDENTS:

¶10

1 VARAPUZHA GRAMA PANCHAYAT, VARAPUZHA PANCHAYATH OFFICE, CHETTIBHAGAM MAIN ROAD, VARAPUZHA, ERNAKULAM, REPRESENTED BY ITS SECRETARY, PIN - 683517

¶11

2 SECRETARY, VARAPUZHA GRAMA PANCHAYAT, VARAPUZHA PANCHAYATH OFFICE, CHETTIBHAGAM MAIN ROAD, VARAPUZHA, ERNAKULAM, PIN - 683517

¶12

3 BINITHA SHIBU MAVELIL,

¶13

AGE NOT KNOWN TO THE PETITIONER, D/O. BABU KRISHNAN KOCHUPARAMBIL, KOCHUPARAMBIL HOUSE, 8/198, MANNAMTHURUTH, VARAPUZHA P.O., ERNAKULAM - 683517, PRESENTLY RESIDING AT MAVELI HOUSE, MANJUMMEL, UDYOGAMANDAL P.O., ELOOR, ERNAKULAM, PIN - 683501

¶14

4 BABU KRISHNAN KOCHUPARAMBIL, AGE NOT KNOWN TO THE PETITIONER,

¶15

-2-

¶16

WP(C)No.11047 of 2023

¶17

S/O. NOT KNOWN TO THE PETITIONER, KOCHUPARAMBIL HOUSE 8/198, MANNAMTHURUTH, VARAPUZHA P.O., ERNAKULAM, PIN - 683517

¶18

BY ADVS. SRI.NIRMAL.S, SC K.S.HARIHARAN NAIR G.REMADEVI DIVYA B.NAIR HARIMA HARIHARAN RAJATH R NATH DHEERAJ SASIDHARAN

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

-3-

¶21

WP(C)No.11047 of 2023

¶22

MOHAMMED NIAS C.P., J.

¶23

- - - - - - - - - - - - - - - - - - - - -

¶24

WP(C)No.11047 of 2023

¶25

¶26

Dated this the 4^th day of April, 2024

¶27

JUDGMENT

¶28

Petitioner has preferred Ext.P8 complaint alleging violation in the construction made by respondents 3 and 4. It is pointed out by the petitioner that respondents 3 and 4 were granted a building permit on 18.6.2012 for putting up a ground floor alone. Petitioner submits that at present a two-storied building is in existence.

¶29

A counter affidavit has been filed on behalf of respondents 1 and 2 stating that they had sent a letter to the third respondent pointing out the irregularities in the construction and also to regularize the additional construction made. Accordingly, the third respondent filed an application on 17.4.2023 for regularization which was defective. The petitioner did not cure the defects and a letter was again sent to the third respondent stating all the defects found on 27.04.2023. A reminder was also sent by the Panchayath on 20.07.2023 informing the third respondent that if she fails to resubmit the application for

¶30

-4-

¶31

WP(C)No.11047 of 2023

¶32

regularization, action will be taken under section 235(w) of the Kerala Panchayath Raj Act.

¶33

A counter affidavit has been filed on behalf of respondents 3 and 4 submitting that a decision was taken by the Panchayath, Ext.R3(a) which permitted them to put up a sunshade. The fact remains, that no orders have been passed on the regularization application.

¶34

After hearing the learned counsel for the petitioner and the learned standing counsel for the Panchayath and on a consideration of the facts noted above, there will be a direction to the Panchayath to consider the application submitted by respondents 3 and 4 for regularization and also on the complaint preferred by the petitioner Ext.P8 and take a decision in accordance with law. The Panchayath will first consider the application for regularization submitted by respondents 3 and 4 and also ensure that if the third and fourth respondents do not comply with their directions to make the construction legal, appropriate steps are to be taken in accordance with the law. While taking a decision as directed above, the petitioner and respondents 3 and 4 will be afforded an opportunity of hearing. A decision as directed above, will be taken within three months from the date of receipt of a copy of this judgment.

¶35

The writ petition is disposed of as above.

¶36

Sd/-

¶37

MOHAMMED NIAS C.P.

JUDGE

dlk/4.4.2024

-5-

APPENDIX OF WP(C) 11047/2023

¶43

PETITIONER'S EXHIBITS

¶44

EXHIBIT P1	TRUE COPY OF THE BUILDING PERMIT DATED 18.06.2012 NUMBERED BA-59/12-13 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE PHOTOGRAPHS SHOWING THE ILLEGAL CONSTRUCTION MADE BY THE 3RD AND 4TH RESPONDENTS.
EXHIBIT P3	TRUE COPY OF THE REPRESENTATION DATED 19.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE REPRESENTATION DATED 28.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P5	A TRUE COPY OF THE APPLICATION DATED 22.06.2022 SUBMITTED BEFORE THE JUNIOR SUPERINTEND AND P.I.O. OF 1ST RESPONDENT.
EXHIBIT P5(A)	A TRUE COPY OF THE REPLY DATED 14.07.2022 NUMBERED SC1/3167/22 ALONG WITH THE INVESTIGATION REPORT.
EXHIBIT P6	A TRUE COPY OF THE APPLICATION DATED 02.01.2023 SUBMITTED BEFORE THE JUNIOR SUPERINTEND AND P.I.O. OF 1ST RESPONDENT.
EXHIBIT P6(A)	A TRUE COPY OF THE REPLY DATED 25.01.2023 NUMBERED 400588/GGR12/GPO/2023/12(1).
EXHIBIT P7	A TRUE COPY OF THE APPLICATION DATED 29.01.2023 SUBMITTED BEFORE THE JUNIOR SUPERINTEND AND P.I.O. OF 1ST RESPONDENT.
EXHIBIT P7(A)	A TRUE COPY OF THE REPLY DATED 20.02.2023 NUMBERED SC1-1100/23.

¶45

-6-

¶46

¶47

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 16.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE POSTAL RECEIPT.

¶48

RESPONDENTS EXHIBITS

¶49

EXHIBIT R3(B)	COPY OF THE	APPLICATION FOR REGULARIZATION
	FOR THE CO	NSTRUCTION DATED 17-04-2023
	SUBMITTED BY	THE 3RD RESPONDENT
EXHIBIT R3(A)	COPY OF THE	RESOLUTION DATED 09-11-2021
	TAKEN BY THE	PANCHAYAT

Vimal Mavar, v. Varapuzha Grama Panchayat

Case brief

What is this about?

What did the court decide?

Vimal Mavar, v. Varapuzha Grama Panchayat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajasree N.P., Vs Erathu Grama Panchayat

Ameer Abdulazeez, Vs State of Kerala

Anwar Sha N.N, Vs State of Kerala

Unnikrishnan T.S. Vs State of Kerala

Tilly B. George, Vs the Municipality of Adoor

Jose George, Vs State of Kerala