Disposed

Abhilash.T. v. Sajeevan K.K.

Kerala HC11 Jul 2024WP(C)/20900/2022

Case brief

AI extract

What is this about?

The High Court held that since the petitioner complained of alleged illegal construction, it is just to direct the Panchayat to consider the first respondent's regularisation application only after providing the petitioner an opportunity to be heard.

What did the court decide?

Directed the Panchayat to consider the regularisation application with notice to the petitioner, affording them a hearing, and pass orders within one month.

Abhilash.T. Vs Sajeevan K.K. — Public Procurement and Tenders | Kerala HC (2024)

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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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THURSDAY, THE 11^TH DAY OF JULY 2024 / 20TH ASHADHA, 1946

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WP(C) NO. 20900 OF 2022

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PETITIONER:

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ABHILASH.T. AGED 38 YEARS

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S/O. THILAKARAJ, ASWATHI BHAVAN, PARAYAKADU P.O, CHERTHALA – 688540.

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BY ADVS. S.SUDHISH KUMAR SIBI KARUN GOPIKA N.NAIR

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RESPONDENTS:

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1 SAJEEVAN K.K. S/O. KUMARAN, KEELATHARA HOUSE, PARAYAKADU P.O, CHERTHALA – 688540.

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2 KUTHIATHODE GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, THURAVOOR P.O., CHERTHALA – 688532.

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3 THE SECRETARY, KUTHIATHODE GRAMA PANCHAYATH, THURAVOOR P.O, CHERTHALA – 688532.

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R1 BY ADV.HALVI K.S. R2 & R3 BY SRI. R.RAJPRADEEP, STANDING COUNSEL BY ADVS. BRIJESH MOHAN SREEDEVI S

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 20900 OF 2022 2

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J U D G M E N T

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The petitioner challenges Ext.P11 order passed by the Tribunal for Local Self Government Institutions in the proceedings instituted by the first respondent herein challenging the orders passed by the Panchayat directing the demolition of the structures unauthorisedly constructed by him. The grievance of the petitioner, who was the complainant which led to the orders passed by the Panchayat, is that the Tribunal while directing the regularisation application submitted by the 1st respondent herein to be considered, stated that if necessary, the Secretary can consider the objection raised by the writ petitioner.

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Having regard to the facts of the case, and in particular, that it was the writ petitioner who pointed out the alleged illegal construction of the first respondent, it would be just and proper to direct the Panchayat to consider the application for regularisation submitted by the first respondent with notice to the writ petitioner as well. The orders shall be passed in the application preferred by the 1st respondent, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioner and also to the first respondent.

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Sd/-

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MOHAMMED NIAS C.P. JUDGE

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DCS

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WP(C) NO. 20900 OF 2022 3

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE PHOTOSTAT COPY OF THE PLAN APPROVED BY THE 2ND RESPONDENT TO THE FIRST RESPONDENT.
EXHIBIT P2	TRUE PHOTOSTAT COPY OF THE STOP MEMO DATED 20.07.2017 BY NO.C5-2443/2017 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.
EXHIBIT P3	TRUE PHOTOSTAT COPY OF THE ARGUMENT NOTE DATED 19.09.2018 SUBMITTED BY THE COUNSEL FOR THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P4	TRUE PHOTOSTAT COPY OF THE ORDER
	NO.C1/3667/2014 DATED 23.01.2019 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.
EXHIBIT P5	TRUE PHOTOSTAT COPY OF THE ORDER DATED 01.04.2019 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.
EXHIBIT P6	TRUE PHOTOSTAT COPY OF THE APPEAL NO.260/2019 FILED BY THE FIRST RESPONDENT BEFORE THE LEARNED TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.
EXHIBIT P7	TRUE PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN EXHIBIT.P8 APPEAL.
EXHIBIT P8	TRUE PHOTOSTAT COPY OF THE ORDER DATED 08.04.2019 IN APPEAL NO.260/2019 PASSED BY
	THE LEARNED TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.
EXHIBIT P9	TRUE PHOTOSTAT COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN WPC NO. 14036/2019 DATED 30.05.2019.
EXHIBIT P10	TRUE PHOTOSTAT COPY OF THE CERTIFIED COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WPC NO.14036/2019 DATED 23.09.2019.
EXHIBIT P11	TRUE PHOTOSTAT COPY OF THE ORDER DATED 26.04.2022 IN NO.260/2019 PASSED BY THE
	LEARNED TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

Abhilash.T. v. Sajeevan K.K.

Case brief

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Abhilash.T. v. Sajeevan K.K.

Case brief

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