Petitioner challenged a panchayat order withdrawing building number for his motor shed structure. On hearing, counsel submitted the matter had become infructuous; the writ petition was dismissed as infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946
WP(C) NO. 33266 OF 2016
PETITIONER:
KUNJU MUHAMMED, AGED 51 YEARS, S/O IBRAHIM, AGED
51 YEARS, ERUPPAKKOTTIL HOUSE,PERINGALA P.O.,
KUNNATHUNADU VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DIST.
BY ADV SRI.P.M.ZIRAJ
RESPONDENTS:
1 VENGOLA GRAMA PANCHAYATH, VENGOLA P.O., ERNAKULAM DIST- 683 554 REP. BY ITS SECRETARY2 THE SECRETARY, VENGOLA GRAMA PANCHAYATH, VENGOLA P.O. ERNAKULAM DIST- 683 5543 THE LOCAL LEVEL MONITORING COMMITTEE VENGOLA GRAMA PANCHAYATH, VENGOLA P.O. ERNAKULAM DIST- 683 554 REPRESENTED BY ITS CONVENOR, AGRICUTLURAL OFFICER,VENGOLA, ERNAKULAM DIST.4 THE ASSISTANT ENGINEER, KERALA STATE ELECTRICITY BOARD LTD.VAZHAKULAM SECTION, PERUMBAVOOR BY ADVS.SRI.C.A.NAVAS
SHRI.P.THOMAS GEEVERGHESE, SC, VENGOLA GRAMA
PANCHAYAT
SRI.T.K.SASIKUMAR
sri.v.venugopal,government pleader
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.33266/2016
: 2 :
JUDGMENT
The petitioner is the owner of the property having an extent of 37.20 Ares situated in Sy. No.23/1 of Vengola Village, Kunnathunadu Taluk. It is stated that the said property is classified as wetland and nilam in the Village records and Basic Tax Register. But the nature of land has been subsequently converted for the purpose of other agricultural activities by the land owners. It is stated to be such conversion was effected above 15 years back and there is no paddy cultivation thereafter.
WP(C) No.33266/2016
: 3 :
demolished and dismantled motor vehicle. After installation the panchayat was numbered the said structure. On the strength of such numbering the petitioner obtained an electric connection.
When the matter came up for consideration today, the learned counsel for the petitioner submitted that the matter become infructuous. On recording such submission the writ petition is dismissed as infructuous.
Sd/P.M. MANOJ JUDGE
ncd
WP(C) No.33266/2016
: 4 :
APPENDIX OF WP(C) 33266/2016
PETITIONER EXHI |
BITS |
||
|---|---|---|---|
EXHIBITP1 |
TRUE COPY OF THEREVENUEDIVIMUVATTUPUZHA DATED |
ORDER ISSUEDSIONALO08-10-2015 |
BY THEFFICER, |
EXHIBITP2 |
TRUE COPY OF THE A2015 EXECUTED BDEVELOPMENT BOARERNAKULAM |
GREEMENT DATEDETWEEN THED, ERKAAL |
16-03-COCONUTBHAVAN, |
EXHIBITP3 |
TRUE COPY OF THE2015 ISSUED BY THON BEHALF OF TREGARDING APPLICAICONSTRUCITON OF MO |
RECEIPT DATEDE SECOND RESPHE FIRST RESTON OF PETITIONTOR SHED |
15-12-ONDENTGPONDENTER FOR |
EXHIBITP4 |
TRUE COPY OF THEPLAN OF THE MOTOR |
SITE PLAN ANDSHED |
SERVICE |
EXHIBIT P5 |
TRUE COPY OF THE ODATED 1-3-2016 IRESPONDENT ON BERESPONDENT |
WNERSHIP CERTISSUED BY THEHALF OF THE |
FICDATESECONDFIRST |
EXHIBIT P6 |
TRUE COPY OF THE2016 ISSUED BY THE |
RECEIPT DATED4TH RESPONDENT |
30-03- |
EXHIBITP7 |
TRUE COPY OF THE2016 ISSUED BY THE |
RECEIPT DATED4TH RESPONDENT |
30-03- |
EXHIBITP8 |
TRUE PHTOGRAPHS OFPETITIONER |
THE MOTR SHED |
OF THE |
EHIBITP9 |
TRUE COPY OF THDATED 23-4-2016 IRESPONDENT |
E SHOW CAUSESSUED BY THE |
NOTICESECOND |
EXHIBIT P10 |
TRUE COPY OF THESUBMITTED BY THE2ND RESPONDENT |
REPLY DATED 28PETITIONER BEFO |
-4-2016RE THE |
EXHIBITP11 |
TRUE COPY OF THEISSUED BY THE 2NDOF THE 1ST RESPOND |
ORDER DATED 9RESPONDENT ONENT |
-5-2016BEHALF |
1 issue framed by the court
Whether Ext.P11 order withdrawing the building number without affording an opportunity could be quashed?
2 provisions across 2 enactments
Kunju Muhammed
Vengola Grama Panchayath
The Secretary, Vengola Grama Panchayath
The Local Level Monitoring Committee, Vengola Grama Panchayath
The Assistant Engineer, Kerala State Electricity Board Ltd., Vazhakulam Section
P.M.Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court