Disposed

Griffith David, v. Kadinnamkulam Grama Panchayath,Represented by Its Secretary

Kerala HC4 Jun 2024WP(C)/1910/2024

Case brief

AI extract

What is this about?

Cross writ petitions over a building: one challenged a provisional demolition order, the other sought Panchayat action against alleged illegal construction. The Court had directed the Secretary to take a final decision after hearing; orders were passed and the demolition challenge moved to the Tribunal. Both petitions were closed.

What the court decided

AI extract

Griffith David, Vs Kadinnamkulam Grama… — Municipal and Town Planning | Kerala HC (2024)

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W. P. (C) Nos. 8298 & 1910 of 2024

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..1..

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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 MOHAMMED NIAS C.P.

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TUESDAY, THE 4^TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946

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WP(C) NO. 8298 OF 2024

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PETITIONER:

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EUGINE, AGED 41 YEARS, S/O LOORDH JACOB, AJI COTTAGE, ST.ANDREWS, ST.XAVIER'S COLLEGE P.O, THIRUVANANTHAPURAM, PIN – 695586.

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BY ADV. SRI. L.RAJESH NARAYAN

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RESPONDENTS:

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1 STATE OF KERALA, REP BY SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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2 SECRETARY, KADINNAMKULAM GRAMA PANCHAYATH KAZHAKOOTTAM, CHITTATUMUKU P.O, THIRUVANANTHAPURAM, PIN – 695301.

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3 GRIFFITH DAVID, S/O GREGORY DAVID, RESIDING AT 27/1395(1) RISHIMANDALAM, VANCHIYOOR P.O, THIRUVANANTHAPURAM, PIN – 695035.

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SRI.SYAMANTHAK B.S., GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD

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ON 04.06.2024, ALONG WITH WP(C).NO.1910/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W. P. (C) Nos. 8298 & 1910 of 2024

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..2..

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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 MOHAMMED NIAS C.P.

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TUESDAY, THE 4^TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946

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WP(C) NO. 1910 OF 2024

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PETITIONER:

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GRIFFITH DAVID, AGED 55 YEARS, S/O. GREGORY DAVID, PRESENTLY RESIDING AT 27/1395 (1), RISHIMANDALAM, VANCHIYOOR P.O, THIRUVANANTHAPURAM, PIN – 695035.

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BY ADVS.M/S.MOHAN JACOB GEORGE, P.V.PARVATHY, REENA THOMAS, NIGI GEORGE & ANANTHU V.LAL

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RESPONDENTS:

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1 KADINNAMKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KAZHAKOOTTAM, MENAMKULAM, CHITTATUMUKU P.O, THIRUVANANTHAPURAM, PIN – 695301.

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2 SECRETARY, KADINNAMKULAM GRAMA PANCHAYATH, KAZHAKOOTTAM, MENAMKULAM, CHITTATUMUKU P.O, THIRUVANANTHAPURAM, PIN – 695301.

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3 KERALA COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY ITS SECRETARY, THAMBANOOR, KSRTC BUILDING, 4 TH FLOOR, OVERBRIDGE THAMBANOOR, THIRUVANANTHAPURAM, PIN – 695001.

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4 EUGINE,CHRISTURAJA ENGINEERING WORKS, ST. ANDREWS, ST. XAVIERS COLLEGE P.O, THIRUVANANTHAPURAM, PIN – 695586.

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SRI.PRAKASH M P, SC FOR R3

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ADV. SRI.L.RAJESH NARAYAN, FOR R4

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SRI.SYAMANTHAK B.S., GP

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.06.2024, ALONG WITH WP(C).NO.8298/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W. P. (C) Nos. 8298 & 1910 of 2024

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..3..

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MOHAMMED NIAS C. P. , J.

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============================= W. P. (C) Nos. 8298 & 1910 of 2024 ============================= Dated this the 4^th day of June, 2024

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J U D G M E N T

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In WP(C) No. 8298/2024, the writ petitioner challenges the provisional order directing the demolition of a building. WP(C) No. 1910/2024 was filed to direct the Panchayat to take appropriate action against the illegal construction allegedly made by the petitioner in the connected case.

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This Court passed an order on 1.4.2024 directing the second respondent to take a final decision after hearing the petitioners in both cases.

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It is submitted by the learned counsel for the petitioners that orders have been passed as directed by this Court and the petitioner in WP(C) No. 8298/2024 has challenged the same before the Tribunal. This is recorded.

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Nothing further remains to be adjudicated in these writ petitions.

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Accordingly, the Writ Petitions are closed.

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MOHAMMED NIAS C. P., JUDGE

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Sd/-

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MMG

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W. P. (C) Nos. 8298 & 1910 of 2024

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..4..

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APPENDIX OF WP(C).NO.8298/2024

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE CERTIFICATE
	NO.C.619/2000/D DIS DATED 4.1.2001 OF THE TAHSILDAR, TALUK OFFICE, THIRUVANANTHAPURAM
EXHIBIT P2	TRUE COPY OF THE CERTIFICATE DATED 17.2.2024 ISSUED BY THE MEMBER OF PANCHAYATH WARD NO.13
EXHIBIT P3	TRUE COPY OF THE RELEVANT PAGES OF THE RATION CARD OF THE MOTHER OF 4TH RESPONDENT
EXHIBIT P4	TRUE COPY OF THE ELECTRICITY BILL DATED 17.11.2023 ISSUED TO THE MOTHER OF THE PETITIONER
EXHIBIT P5	TRUE COPY OF THE NOTICE DATED 1.12.2023 NO.400242/BAUV01/GPO/2023/6214(1) OF THE 2ND RESPONDENT
EXHIBIT P6	TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 8.12.2023
EXHIBIT P7	TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE COMMISSIONERATE OF FOOD SAFETY DATED 9.1.2024
EXHIBIT P8	TRUE COPY OF THE ORDER DATED 12.2.2024 IN WPC NO.1910/2024
EXHIBIT P9	TRUE COPY OF THE NOTICE DATED 22.2.2024 NO.400242/LLAP03/GPO/2024/1025(1) ISSUED BY THE 2ND RESPONDENT
EXHIBIT P10	TO THE SAME, REPLY HAS BEEN GIVEN. TRUE COPY OF THE REPLY SUBMITTED TO EXT.P9 DATED 26.2.2024

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W. P. (C) Nos. 8298 & 1910 of 2024

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..5..

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APPENDIX OF WP(C).NO.1910/2024

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PETITIONER'S EXHIBITS:

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EXHIBIT P-1 COPY OF THE TAX RECEIPT DATED 25.08.2023 EVIDENCING THE PAYMENT OF LAND TAX

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EXHIBIT P-2 COPY OF LOCATION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MENAMKULAM PANCHAYATH, MENAMKULAM VILLAGE

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EXHIBIT P-3 COPY OF THE COMPLAINT DATED 12.09.2023 SUBMITTED BY THE PETITIONER TO THE 2 ND RESPONDENT

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EXHIBIT P-4 COPY OF THE NOTICE DATED 01.12.2023 ISSUED BY THE 2 ND RESPONDENT TO THE 4 TH RESPONDENT

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EXHIBIT P-5 COPY OF REPLY DATED 08.12.2023 OF THE 4 TH RESPONDENT

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EXHIBIT P-6 PHOTOGRAPH EVIDENCING THE CONSTRUCTION OF THE NEW BUILDING IN WHICH PRESENTLY THE HOTEL IS BEING CONDUCTED.

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EXHIBIT P-7 COPY OF THE COMPLAINT DATED 27.12.2023 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

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RESPONDENTS' EXHIBITS

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EXHIBIT R4(D) TRUE COPY OF THE ELECTRICITY BILL DATED 17.11.2023 ISSUED TO THE MOTHER OF THE PETITIONER

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EXHIBIT R4(A)	TRUE	COPY	OF	CERTIFICATE
	NO.C.6	19/2000/D DIS	DATED	4.1.2001 OF
	THE THIRUV	TAHSILDAR, ANANTHAPURAM	TALUK	OFFICE.

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EXHIBIT R4(B) TRUE COPY OF THE CERTIFICATE DATED 17.2.2024 ISSUED BY THE MEMBER OF PANCHAYATH WARD NO.13

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W. P. (C) Nos. 8298 & 1910 of 2024

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..6..

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EXHIBIT R4(C) TRUE COPY OF THE RELEVANT PAGES OF THE RATION CARD OF THE MOTHER OF 4TH RESPONDENT EXHIBIT R4(E) TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE COMMISSIONERATE OF FOOD SAFETY DATED 9.1.2024 EXHIBIT R4(F) TRUE COPY OF THE NOTICE DATED 22.2.2024 NO. 400242 / LLAP03/ GPO/ 2024/1025(1) ISSUED BY THE 2ND RESPONDENT EXHIBIT R4(G) TRUE COPY OF THE REPLY SUBMITTED TO EXT.R4(F) DATED 26.2.2024

Griffith David, v. Kadinnamkulam Grama Panchayath,Represented by Its Secretary

Case brief

What is this about?

What the court decided

Griffith David, v. Kadinnamkulam Grama Panchayath,Represented by Its Secretary

Case brief

What is this about?

What the court decided

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