IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 26479 of 2011(H) -------------------------- PETITIONER ---------------- JOSEPH DENNY, S/O ALEXANDER, AGED 39 YEARS, MADATHIPARAMBIL HOUSE, KOTHADU P.O,KANDANADA, ERNAKULAM DISTRICT PIN-682 027 BY ADV. SRI.P.M.JOSHI RESPONDENT(S): -------------------- 1. KADAMKKUDI GRAMA PANCHAYAT, KOTHADU P.O, KOTHADU, ERNAKULAM DISTRICT REPRESENTED BY ITS SPECIAL GRADE SECRETARY. 2. T.C. GEORGE , S/O CHEEKU, AGED 60 YEARS, THANIPPILLIL HOUSE,KOTHADU P.O, KANDANADA, ERNAKULAM DISTRICT. PIN-682 027. ADDL.R3 TO 5 IMPLEADED -------------------------------- 3. ADDL.R3- NAISHIN JOSEPH, S/O.JOSEPH, THANIPILLIL HOUSE, KOTHADU PO.,KANDANAD ERNAKULAM. 4. ADDL.R4- M.N.JOSEPH, S/O.NICLOUSE, MUNDENCHERIL HOUSE, KOTHADU PO., KANDANAD, ERNAKULAM. 5. ADDL.R5- SURENDRAN,S/O.AYYAPPAN, VAZHATARA, KOTHADU PO., KANDANAD, ERNAKULAM. (ADDL.R3 TO R5 ARE IMPLEADED AS PER ORDER DATED 25.11.2011 IN IA.16668/2011) R1 BY ADV. SRI.T.P.SANTHOSH KUMAR R2 BY ADV. SRI.SHIJU VARGHESE (WAYANAD) ADDL. R3 TO R5 BY ADV. SRI.J.ABHILASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 26479 of 2011(H) ----------------------------------- APPENDIX ------------ PETITIONER(S) EXHIBITS ------------------------------- EXHIBIT P1 THE TRUE COPY OF LAND TAX RECEIPT DTD. 21.12.2010 ISSUED KADAMAKKUDY VILLAGE OFFICE TO THE PETITIONER. EXHIBIT P2 THE TRUE COPY OF BUILDING PERMIT DTD. 03.09.2011 ISSUED BYTHE IST RESPONDENT TO PETITIONER. EXHIBIT P3 THE TRUE COPY OF RECEIPT DTD. 3-09-2011 ISSUED TO PETITIONER BY THE IST RESPONDENT. EXHIBIT P4 THE TRUE COPY OF SKETCH AND PLAN APPROVED BY THE IST RESPONDENT. EXHIBIT P5 THE TUE COPY OF THE LETTER DTD. 17-09-2011 ISSUED BY THE IST RESPONDENT. EXHIBIT P6 THE TRUE COPY OF THE REPLY DTD. 29.09.2011 SUBMIT TO THE IST RESPONDENT BY THE PETITIONER. EXHIBIT P7 THE TRUE COPY OF THE ORDER DTD. 01.10.2011 ISSUED BY IST RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS : ------------------------------- EXT.R1(A). COPY OF THE COMPLAINT OF THE 2ND RESPONDENT DATED 15.9.2011 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.R1(B). COPY F THE LETTER NO.D 3079/2011 DATED 1.10.2011 ISSUED BY THE KADAMAKKUDY GRAMA PANCHAYATH TO THE ASST. ENGINEER, KADAMAKKUDY GRAMA PANCHAYATH. EXT.R1(C). COPY OF THE REPORT SUBMITTED BY THE ASST. ENGINEER TO THE 1ST RESPONDENT DATED 15.10.2011. / TRUE COPY / P.A. TO JUDGE VK HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO. 26479 OF 2011 ------------------------------- DATED THIS THE 25TH DAY OF NOVEMBER, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P7 order. Petitioner is the owner in possession of 2.5 cents of land in R.S.No.426 of Kadamakkudi Village. Ext.P1 is a copy of the land tax receipt dated 21/12/10. The lst respondent Panchayat granted Ext.P2 building permit on 3/9/11. Ext.P4 is the copy of the site plan with sketch approved by the lst respondent. Petitioner submits that at the instigation of the 2nd respondent, who is in inimical terms with the petitioner, the Panchayat issued Ext.P5 notice alleging that the petitioner is making constructions in violation of the Building Rules. Petitioner submitted Ext.P6 explanation stating that he had carried out the construction as per the permission and approved plan and that there is no violation of the Building Rules. According to the petitioner, without considering Ext.P6 explanation, the Panchayat issued Ext.P7 -2- W.P.(C).No.26479/2011 notice by which the building permit granted to the petitioner was temporarily cancelled. 2. Petitioner is aggrieved by Ext.P7 order passed by the Panchayat. According to the petitioner, Ext.P7 order was passed solely at the influence of the 2nd respondent, who openly declared that he will not allow the petitioner to construct a house so long as he is in the Panchayat Committee. 3. In the counter affidavit filed by the lst respondent- Panchayat it is stated that the Assistant Engineer, LSGD Section inspected the building site and submitted Ext.R1(c) report dated 15/10/11. The Assistant Engineer reported that on the southern side of the building a ventilation and a window have been constructed by deviating from the approved plan and permit. It is further reported that the distance between the building from the river is 52 metres. It is further stated that this Court may dispose of the writ petition with a direction to the petitioner to apply for regularisation of the construction. -3- W.P.(C).No.26479/2011 In the aforesaid facts and circumstances of the case, this writ petition is disposed of directing the petitioner to apply before the Panchayat seeking regularisation of the construction. In the light of the directions issued, Ext.P7 order is quashed. Writ Petition is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.