Allowed

Dr Pa Shajahan @ Shajahan v. Secretary

Kerala HC26 Mar 2024WP(C)/30775/2023

Case brief

AI extract

What is this about?

Panchayath refused to number a building constructed under its permit unless the owner produced NHAI access permission. The court held the Panchayath cannot so refuse and directed numbering within three weeks if construction conforms to the permit.

What did the court decide?

Panchayath directed to number the petitioner's building within three weeks if construction is in terms of Ext.P1 permit.

Dr Pa Shajahan @ Shajahan Vs Secretary — Municipal and Town Planning | 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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TUESDAY, THE 26^TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946

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WP(C) NO. 30775 OF 2023

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PETITIONER:

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DR PA SHAJAHAN @ SHAJAHAN AGED 53 YEARS S/O LATE ABDUL ASEES , RESIDING AT PUTHIYAVEETTIL HOUSE, KAIPAMANGALAM, THRISSUR, PIN - 680581 BY ADV K.A.SREEJITH

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RESPONDENTS:

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1 SECRETARY

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KAIPAMANGALAM GRAMA PANCHAYATH , KAIPAMANGALAM POST, THRISSUR DISTRICT., PIN - 680681 2 KAIPAMANGALAM GRAMA PANCHAYATH KAIPAMANGALAM POST, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 680681 3 NATIONAL HGHWAY AUTHORITY OF INDIA VII/51IB NEITHLI, MAVELIPURAM ROAD , KAKKANAD, KOCHI ., PIN - 682030 4 EXECUTIVE ENGINEER NATIONAL HIGHWAY SECTION, KODUNGALLUR, KODUNGALLUR THRISSUR, PIN - 680664 BY ADVS. R.RAJPRADEEP E.C.KURIAKOSE LEJO JOSEPH GEORGE(K/357-C/2017) BRIJESH MOHAN(K/1851/1999) SREEDEVI S.(K/767/2020)

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SRI.GODREN SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.30775/2023

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MOHAMMED NIAS C.P., J

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............................................................

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WP(C)No.30775 of 2023

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Dated this the 26th day of March, 2024

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JUDGMENT

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The petitioner is aggrieved by the issuance of Ext.P2 by which the Panchayath-respondents 1 and 2 refused to number the building which he put in terms of the permit granted by the Panchayath. By Ext.P2 dated 22.8.2023, the Panchayath insisted on access permission from the National Highway Authority of India. The petitioner therefore prays for setting aside Ext.P2 and to direct respondents 1 and 2 to number the building of the petitioner completed as per Ext.P1 permit

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Learned counsel for the Panchayath submits that the building will be numbered if the construction is in tune with the permit granted. This Court has passed an interim order on 23.2.2024 directing the Panchayath to provisionally number the building subject to the further orders to be passed in the writ petition. The Panchayath cannot refuse to number the building of the petitioner if the same is put in terms of Ext.P1 permit. If the petitioner wants access from the National Highway, he has to take recourse under Section 28 of the Control of

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WP(C)No.30775/2023

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National Highways (Land and Traffic) Act, 2002. Without prejudice to the right of the petitioner to make such an application, this writ petition is disposed of directing the Panchayath to number the building within three weeks, if the petitioner constructed the building in terms of Ext.P1 permit.

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Learned counsel for the petitioner submits that the National Highway Authorities are insisting on huge amounts for granting access to the National Highway. If the petitioner is aggrieved, it will open to the petitioner to challenge the conditions imposed in the order granting access, if he is so advised.

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The writ petition is allowed as above.

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Sd/-

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MOHAMMED NIAS C.P.

JUDGE

dlk/27.3.2024

APPENDIX OF WP(C) 30775/2023

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PETITIONER'S EXHIBITS

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EXHIBIT -P1 THE TRUE COPY OF BUILDING PERMIT ISSUED BY 1ST RESPONDENT ON 25 /5/2020 AS A2 299/2020 TO PETITIONER EXHIBIT -P2 THE TRUE COPY OF NOTICE ISSUED BY 1ST RESPONDENT TO PETITIONER DATED ON 22/8/2023 ASKING HIM TO PRODUCE ACCESS PERMIT FROM 3RD RESPONDENT

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RESPONDENTS EXHIBITS

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EXHIBIT R1(A) A TRUE COPY OF THE LETTER BEARING NO.17011/30/PIU-COCHIN/BP/2022/1075 DATED 19.10.2022

Dr Pa Shajahan @ Shajahan v. Secretary

Case brief

What is this about?

What did the court decide?

Dr Pa Shajahan @ Shajahan v. Secretary

Case brief

What is this about?

What did the court decide?

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