Kerala High Court
Velladath Krishnan vs The Mangattidam Grama Panchayat on 25 November, 2021
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
W.P.(C) Nos. 17815/2016 &
8378/2019 : 1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
WP(C) NO. 17815 OF 2016
PETITIONER/S:
1 VELLADATH RAGHAVAN
RAGHAVAN, RAGAM, MOONAMPEEDIKA, P.O.NIRMALAGIRI,
KUTHUPARAMBA.
2 ADDITIONAL PETITIONERS 2 AND 3 IMPLEADED:
VIJAYALAKSHMI K., W/O. LATE RAGHAVAN, AGED 62 YEARS,
RESIDING VELLADATH HOUSE, MOONNAMPEEDIKA, NIRMALAGIRI
P.O., KANNUR DISTRICT.
3 RAJINRAJ K, S/O. LATE RAGHAVAN, AGED 36 YEARS, RESIDING
VELLADATH HOUSE, MOONNAMPEEDIKA, NIRMALAGIRI P.O., KANNUR
DISTRICT.
(ADDL. PETITIONERS 2 AND 3 IMPLEADED AS PER ORDER DATED
25.11.2021 IN I.A.NO. 2/2021)
BY ADVS.
SRI.K.I.MAYANKUTTY MATHER
K.MOHANAKANNAN
SRI.P.RAHUL
RESPONDENT/S:
1 MANGATTIDAM GRAMA PANCHAYATH
MANGATTIDAM, P.O.NIRMALAGIRI, KOOTHUPARAMBA - 670 701.,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY
MANGATTIDAM GRAMA PANCHAYATH MANGATTIDAM,
P.O.NIRMALAGIRI, KOOTHUPARAMBA - 670 701.
3 VELLADATH KRISHNAN
S/O.AMBOOTTY, THIRUMANA MOONAM PEEDIKA, MANGATTIDAM
AMSOM, KURUMBIKKAL DESOM, NIRMALAGIRI P.O., THALASSERY
W.P.(C) Nos. 17815/2016 &
8378/2019 : 2:
TALUK, PIN: 670 701.
BY ADVS.
SRI.MURALI PURUSHOTHAMAN
SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
R3 BY SRI.K.V.PAVITHRAN
R1 BY SRI.DEEPU LAL MOHAN, SC
SRI.P.SAJU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, ALONG WITH W.P.(C) NO. 8378/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos. 17815/2016 &
8378/2019 : 3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
WP(C) NO. 8378 OF 2019
PETITIONER/S:
VELLADATH KRISHNAN
AGED 78 YEARS,
S/O. AMBUKITTY, ARTIST, THIRUMANA, MOONAM PEEDIKA,
MANGATTIDAM AMSOM, KURUMBUKKAL DESOM, P.O, NIRMALAGIRI,
THALASSERI TALUK, PIN-670 701
BY ADVS.
K.V.PAVITHRAN
JAYANANDAN MADAYI PUTHIYAVEETTIL
RESPONDENT/S:
1 THE MANGATTIDAM GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, P.O, NIRMALAGIRI, THALASSERI
TALUK, PIN-670 701
2 THE SECRETARY,
MANGATTIDAM GRMA PANCHAYAT P.O, NIRMALAGIRI, THALASSERI
TALUK, PIN-670 701.
3 VELLADATH RAGHAVAN,
S/O. RAMUNNI, AGED ABOUT 68 YEARS, PHOTOGRAPHER, MOONAM
PEEDIKA, P.O. NIRMALAGIRI, THALASSERI TALUK, PIN-670 701
BY ADVS.
SRI.MURALI PURUSHOTHAMAN
SRI.ABRAHAM K.JOHN
SRI.P.K.BALAKRISHNAN
R1 & R2 BY SRI.DEEPU LAL MOHAN, SC
SMT.C.G.ARUNDHATHI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, ALONG WITH W.P.(C) NO. 17815/2016, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) Nos. 17815/2016 &
8378/2019 : 4:
Dated this the 25th day of November, 2021.
JUDGMENT
The captioned writ petitions are materially connected in respect of a building permit secured by the petitioner in W.P.(C) No. 17815 of 2016 from the Secretary of Mangattidam Grama Panchayat--second respondent and the challenge there in is to an adverse order passed by the Secretary of the Grama Panchayat against the petitioner ; whereas, the connected writ petition is filed by a resident within the Grama Panchayat and the neighbour of the petitioner in the connected writ petition seeking a direction to the Grama Panchayat and its Secretary to proceed against the construction carried out by the writ petitioner in W.P.(C) No. 17815 of 2016 in violation of the Building Rules and disregarding the direction to stop construction. The petitioner in the said writ petition died and consequently his legal heirs are impleaded as additional petitioners 2 and 3 as per an order passed today.
2. The basic facts discernible from W.P.(C) No. 17815 of 2016 are as follows:
The petitioner is the owner in possession of an extent of 31 cents of property situated in RS No. 68/1 of Mangattidom Amsom, W.P.(C) Nos. 17815/2016 & 8378/2019 : 5:
Thalassery Taluk. The petitioner has secured Ext. P1 building permit and Exts. P1(a) and P1(b) approved drawings to construct a single storied residential building in about 6 cents of property, out of the aforesaid 31 cents. According to the petitioner, the third respondent, namely Velladath Krishnan, who is the petitioner in the connected writ petition, who is not in good terms with the petitioner, filed W.P.(C) No. 36264 of 2008 before this Court seeking a direction not to allow the petitioner to construct the building without constructing a retaining wall. Velladath Krishnan has also filed O.S. No. 242 of 2007 seeking injunction against the petitioner. The aforesaid writ petition was disposed of, as per Ext. P2 judgment dated 6 th July, 2009, confirming the interim order earlier passed to the effect that the construction of the building shall be done only after constructing the retaining wall.
3. The case of the petitioner is that in perfect compliance with Ext.P2 judgment and Ext. P1 building permit, the petitioner proceeded with the construction after putting up a stable retaining wall. But, the retaining wall collapsed. Taking advantage of the situation, Velladath Krishnan moved Munsiff's Court, Koothuparamba and obtained an interim order in line with Ext. P2 judgment, evident from Ext. P3 order dated 24.09.2009, which according to the petitioner, did not prohibit W.P.(C) Nos. 17815/2016 & 8378/2019 : 6:
the further construction, but only made certain conditions to ensure a suitable retaining wall. Further case of the petitioner is that after the said order, petitioner proceeded with the construction of the house as well as a stable retaining wall on the southern and northern side of his property. The petitioner has produced Ext. P4 photographs to demonstrate the same. It is further submitted that after the completion of the construction, the petitioner made a request before the Secretary of the Grama Panchayat for the issuance of an occupancy certificate, as well the assignment of door number to the building. However, that request was turned down by the Secretary of the Panchayat as per Ext. P5 order dated 28.02.2011, which according to the petitioner, was done at the instigation of the Velladath Krishnan. Anyhow, the petitioner has a case that in response to the said communication, he sent a letter to the second respondent to inspect and confirm the stability of the retaining wall put up by the petitioner, evident from Ext. P6.
4. While so, Velladath Krishnan field W.P.(C) No. 16348 of 2010 seeking a direction to the Secretary of the Grama Panchayat not to assign building number or occupancy certificate without constructing sufficiently strong retaining walls for the protection of the property of W.P.(C) Nos. 17815/2016 & 8378/2019 : 7:
Sri. Velladath Krishnan on the northern and southern side abutting the property of the Velladath Raghavan, the petitioner. The said writ petition was disposed of, as per Ext. P7 judgment dated 09.09.2015, directing the Secretary of the Grama Panchayat to conduct inspection of the petitioner's property and to verify as to whether condition No. 6 contained in the building permit has been complied with by the petitioner. It was further directed that numbering the building and issuance of occupancy certificate shall be done only if the first respondent is satisfied that the conditions contained in the permit are complied with.
5. The case of the petitioner is that pending the said writ petition, the construction of the building as well as the retaining wall was completed and later, the Secretary has assigned door No. 2/482A and started collecting property tax from the petitioner. The photographs showing building number and tax receipts are produced as Exts.P8 and P9 series.
6. The further case of the petitioner is that, thereafter he applied for construction of a further floor on the existing building, evident from Ext. P10 drawing. Anyhow, it is submitted that while processing the said application, Velladath Krishnan, projecting Ext., P7 W.P.(C) Nos. 17815/2016 & 8378/2019 : 8:
judgment of this Court dated 09.09.2015 in W.P.(C) No. 16348 of 2010 persuaded the Secretary of the Grama Panchayat not to consider the application without confirming the directions contained in the said judgment. It is also submitted that Ext., P11 complaint was submitted by Velladath Krishnan before the Secretary of the Grama Panchayat.
7. The sum and substance of the contention is that the petitioner has complied with the conditions in the building permit and therefore, there was no inhibition standing in the way of ratifying the building number already assigned to the building i.e., 2/482A. Anyhow, it is admitted by the petitioner that Ext. P12 communication was issued by the Secretary of the Grama Panchayat dated 13.01.2016 stating that the building number assigned to the petitioner is a temporary one i.e., MP 9/500B and for the reason of non compliance of the construction of the retaining wall, the Secretary proposes to cancel the temporary number assigned to the building.
8. The contention of the petitioner is that the said stand adopted by the Secretary of the Grama Panchayat is totally illegal and arbitrary. Anyhow, Ext. P13 representation dated 28.03.2016 is stated to have been submitted before the Secretary explaining the background and requesting not to precipitate the issues. Further W.P.(C) Nos. 17815/2016 & 8378/2019 : 9:
contention of the petitioner is that thereafter the Secretary of the Grama Panchayat, after making an enquiry and hearing, issued Ext. P14 order dated 11.04.2016 directing the petitioner to construct a retaining wall with a height of 3.85 meters on the south eastern side and 4.35 meters on the north earstern side of his property abutting the property of the Velladath Krishnan. The petitioner contends that Ext. P14 is illegal and arbitrary and tainted with mala fides. It is, thus, challenging the legality and correctness of Ext. P14 and for other consequential reliefs, the writ petition is filed.
9. The Panchayat and the Secretary of the Grama Panchayat have filed a joint counter affidavit, inter alia, contending that:
The Petitioner has, later, submitted an application dated 07-04- 2010 before the 2nd respondent stating that the construction of the building and also retaining wall has been completed and accordingly, requested for inspection of the same and for assignment of building number for the residential building. However, pursuant to site inspection, the Assistant Engineer reported that the petitioner had, at no point of construction of retaining wall, apprised the office of the Assistant Engineer either regarding the materials used or the method of constructing the retaining wall and therefore, the data based on W.P.(C) Nos. 17815/2016 & 8378/2019 : 10:
which expert opinion regarding the stability of the retaining wall could be given, is not available in the office of the Assistant Engineer. Therefore, left with no other option, the 2 nd Respondent issued Ext. P5 communication to the petitioner, informing him that further action on the application dated 07-04-2010 submitted by him could be initiated only after receipt of report from the Assistant Engineer, certifying the stability and safety of the retaining wall.
10. While so, the 3rd respondent approached this Court by filing W.P.(C) No. 16348 of 2010 praying for a direction to the 2nd respondent not to assign building number and occupancy certificate to the building constructed by the petitioner before he constructs a sufficiently strong retaining wall for the protection of the 3 rd respondent's property and also to direct the 2nd respondent to enforce the 6 th condition in Ext. P1 building permit before assigning building number and completion certificate to the petitioner. Later, W.P.(C) No. 16348 of 2010 was disposed of by this Court, as per Ext. P7 judgment, with direction to the 2nd respondent to conduct an inspection in the petitioner"s property and to verify whether condition No. 6 contained in Ext. P1 building permit has been complied with and it was also observed in Ext. P7 judgment that the numbering of the building and issuance of W.P.(C) Nos. 17815/2016 & 8378/2019 : 11:
occupancy certificate shall be done only after the 2 nd respondent is satisfied that the conditions contained in the building permit are complied with.
11. Therefore, going by Ext. P7 Judgment, assignment of permanent building number for the building constructed by the petitioner could be done only after fully complying with the conditions in Ext. P1 building permit, especially condition No. 6 thereof and therefore, the petitioner's building was only assigned a temporary building number and since at the relevant time, petitioner's building was situated in Ward No. IX of Mangattidam Grama Panchayat, it was assigned a temporary building number as MP IX/500B. Thereafter, the said ward was re-numbered as Ward No. II of Mangattidam Grama Panchayat and consequently the petitioner's building was assigned with revised temporary building number as 2/482A. Annexure R2(a) is the relevant extract of the temporary building number register of 1 st respondent Panchayat.
12. Subsequently, the petitioner submitted Annexure R2(b) application dated 07-01-2016 seeking building permit for construction of the first floor above petitioner's building bearing temporary building number as 2/482A. On receipt of Annexure-R2(b) application, since it W.P.(C) Nos. 17815/2016 & 8378/2019 : 12:
was found that even before fully complying with condition No. 6 of Ext. P1 building permit regarding construction of retaining wall, the petitioner was attempting to make further construction over the petitioner's building bearing temporary building number as 2/482A, which was impermissible as per Ext. P7 judgment, the 2nd respondent issued Ext. P12, notice to the petitioner informing him that as per Ext.P7 judgment of this Court, unless he constructs a retaining wall providing full lateral support to the 3 rd respondent's property, the petitioner cannot carry on any construction over the petitioner's building assigned with temporary building number.
13. Accordingly, as per Ext. P12, the 2 nd respondent directed the petitioner to show cause within 7 days as to why the temporary building number assigned to the petitioner's building shall not be cancelled. However, in Ext. P12, by way of a bona fide typographical mistake, the temporary number of the petitioner's building was mentioned as MP IX/500B instead of 2/482A. In reply to Ext. P12 notice, the petitioner submitted representations dated 28-01-2016 and 02-02-2016 mainly contending that he had completed the construction of the building as well as retaining wall and that since condition No. 6 has already been complied with by the petitioner, the temporary W.P.(C) Nos. 17815/2016 & 8378/2019 : 13:
building number assigned to the petitioner's building as 2/482A was changed and the Panchayat had assigned permanent building number to the petitioner's building as 2/482A and also started to collect property tax.
14. Thereafter, the petitioner was provided with an opportunity of personal hearing in the matter by the 2 nd respondent on 11-03- 2016. Even thereafter, the petitioner submitted Ext. P13 representation reiterating the aforementioned contentions and also requested the 2nd respondent to take a decision as directed in Ext. P7 judgment of this Court, and also to issue building permit, as applied for as per Annexure R2(b) application.
15. Thus, the 2nd respondent issued Ext. P14, whereby the petitioner was informed that on site inspection by the Overseer, it is found that the retaining wall constructed by the petitioner is incomplete and insufficient to provide complete lateral support to the 3rd respondent's property and accordingly, the petitioner was directed to raise the height of the retaining wall by 3.85 metres on the south- eastern side and by 4.35 meters on the north-eastern side within 40 days from the date of receipt of Ext. P14 and upon completion of such W.P.(C) Nos. 17815/2016 & 8378/2019 : 14:
construction, to inform the same in writing to the Panchayat. Further, as per Ext. P14, the petitioner was also informed that Annexure R2(b) application for building permit submitted by the petitioner would be considered after complying with the direction in Ext. P14.
16. Therefore, according to the Grama Panchayat, even during the pendency of the writ petition, the construction was carried out and the same was completed taking advantage of the interim stay of Ext. P12 order passed by the Secretary of the Panchayat cancelling the temporary number granted. Anyhow, on 04.02.2019, it seems, the petitioner has caused, to issue Annexure R2(g) lawyer notice to issue building permit to the petitioner to construct the first floor of the building in question. To the said lawyer notice, the Secretary has issued a letter dated 11.02.2019 basically stating that since the construction contained in Ext. P7 judgment dated 09.09.2015 in W.P. (C) No. 16348 of 2010 is binding on the parties, the application submitted by the petitioner seeking permit for the construction of the first floor cannot be considered without constructing a retaining wall providing lateral support to Velladath Krishnan, evident from Annexure R2(h).
17. While so, Velladath Krishnan approached this Court by filing W.P.(C) Nos. 17815/2016 & 8378/2019 : 15:
the instant writ petition seeking a direction to the Secretary to demolish the illegal construction made. Anyhow, it is stated that O.S. No. 242 of 2007 filed by Velladath Krishnan was dismissed by the Munsiffs Court, Koothuparamba, and aggrieved by the judgment and decree he has preferred A.S. No. 52 of 2017 before the Additional Subordinate Judge's Court, Thalassery, which is pending consideration.
18. The sum and substance of the contention put forth by the Grama Panchayat is that consequent to the pendency of the writ petition and the interim order granted, no further coercive action could be taken by the Secretary of the Grama Panchayat. The Panchayat has denied the allegation made against the Panchayat and the Secretary in regard to the collusion made with Velladath Krishnan in the matter of issuing orders. It is further reiterated in the statement that the building numbers assigned are only temporary numbers, and without verifying the legality of the construction by the Secretary when the completion certificate is submitted by the petitioner along with the requisite documents, the permanent building numbers and occupancy certificate cannot be granted to the petitioner in W.P.(C) No.17185 of 2016.
19. Velladath Krishnan in his writ petition has made allegations W.P.(C) Nos. 17815/2016 & 8378/2019 : 16:
against the constructions in question substantially in line with the contentions and statements made by the Grama Panchayat and the Secretary in their joint statement, and therefore they are not narrated separately.
20. I have heard the learned counsel for the petitioner in W.P.(C) No. 17815 of 2016, Sri. K. Mohanakannan, Sri. K.V Pavithran appeared for the petitioner in W.P.(C) No. 8378 of 2019 and Sri. Deepulal Mohan for the Grama Panchayat, and perused the pleadings and materials on record.
21. The discussion of facts made above would make it clear that various issues in regard to the construction carried out by the petitioner in W.P.(C) No. 17815 of 2016 were raised by the Velladath Krishnan and the Grama Panchayat. It would further show that the petitioner in W.P.(C) No. 17815 of 2016, late Velladath Raghavan, was issued with a building permit with a rider that he has to construct retaining wall on the sides of his property abutting the property of the Velladath Krishnan, which issue was settled as per Ext. P7 judgment dated 09.09.2015 in W.P.(C) No. 16348 of 2010, in which the Velladath Raghavan was also a party, and as per which a learned single Judge of this Court has directed the Secretary of the Grama Panchayat to W.P.(C) Nos. 17815/2016 & 8378/2019 : 17:
conduct an inspection in the property of Velladath Raghavan and to verify as to whether condition No. 6 contained in the building permit has been complied with.
22. It was further directed that numbering the building and issuance of occupancy certificate shall be done only if the Secretary is satisfied that the conditions contained in the building permit are complied with, and accordingly, directed to take action within a period of one month from the date of receipt of a copy of the judgment. It is clear from the statement filed by the Grama Panchayat and the Secretary that even though Ext. P14 order was passed by the Secretary dated 11.04.2016 directing Velladath Raghavan ie., the petitioner in W.P.(C) No. 17815 of 2016, to construct the retaining wall within 40 days, and thereafter alone, the proceedings in respect of the permit would be finalised, he has not taken any action.
23. Whatever that be, now it is submitted by the learned counsel for the Grama Panchayat that the petitioner has completed the construction of the first floor in the guise of a deemed permit. Therefore, going by the provisions of the Kerala Panchayat Building Rules, 2011, necessarily a completion certificate has to be submitted before the Secretary of the Grama Panchayat along with the attendant W.P.(C) Nos. 17815/2016 & 8378/2019 : 18:
documents, including a completion plan, building plan and other drawings enabling the Secretary to process the application and take appropriate decision in regard to the grant of the occupancy certificate and numbering of the building, in terms of the applicable building rules. This is a necessary and mandatory requirement for the above specified aspects and in the matter of regularising the constructions, if done in accordance with the rules in force.
24. Since it is admitted by the petitioner in W.P.(C) No. 17815 of 2016 that the retaining wall was constructed in accordance with the stipulations contained in the building permit, it is for the Secretary to consider the completion certificate to be produced by the petitioner and identify as to whether the building is constructed in accordance with the permit conditions and plan, and the Building Rules that was in force.
25. Therefore, the writ petitions are disposed of directing the petitioner in W. P. © No. 17815 of 2016 to produce the completion certificate along with all attendant and required documents before the Secretary of the Grama Panchayat within one month from the date of receipt of a copy of this judgment, and if any such application is filed by the petitioner, it shall be considered in accordance with law at the W.P.(C) Nos. 17815/2016 & 8378/2019 : 19:
earliest and at any rate within two months thereafter, after providing a notice of hearing to the legal heirs of Velladath Raghavan, and Velladath Krishnan.
However, I make it clear that if the petitioner is not taking adequate steps as directed above, the Secretary of the Grama Panchayat would be at liberty to proceed in accordance with law.
sd/- SHAJI P. CHALY, JUDGE.
Rv
W.P.(C) Nos. 17815/2016 &
8378/2019 : 20:
APPENDIX OF WP(C) 17815/2016
PETITIONER'S EXHIBITS:
EXT. P1 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE
1ST RESPONDENT DATED 12/8/2008.
EXT. P1(a) TRUE COPY OF THE APPROVED DRAWING DATED
12/8/2008
EXT. P1(b) TRUE COPY OF THE APPROVED SITE PLAN DATED
12/8/2008
EXT. P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
IN WPC NO.36264/2008
EXT. P3 TRUE COPY OF THE INTERIM ORDER PASSED BY THE
MUNSIFF COURT, KOOTHUPARAMBA IN I.A
NO.1311/2009 IN OS 242/2007 DATED 24/9/2009 EXT. P4 PHOTOGRAPH SHOWING CONSTRUCTION OF THE RETAINING WALL PUT UP BY THE PETITIONER AS WELL AS THE HOUSE DATED NIL.
EXT. P5 TRUE COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT TO THE PETITIONER DATED 28/2/2011. EXT. P6 TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DATED 14/3/2011 EXT. P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.16348/2010 DATED 9/9/2015 EXT. P8 PHOTOGRAPH DISCLOSING THE ASSIGNMENT OF DOOR NUMBER TO THE PETITIOENR'S BUILDING DATED NIL EXT. P9 TRUE COPY OF THE PROPERTY TAX RECEIPT FOR THE PERIOD 2013-14 DATED 23/12/2013 EXT. P9(a) TRUE COPY OF THE PROPERTY TAX RECEIPT FOR THE PERIOD 2014-15 DATED 23/1/2015 EXT. P9(b) TRUE COPY OF THE PROPERTY TAX RECEIPT FOR THE W.P.(C) Nos. 17815/2016 & 8378/2019 : 21:
PERIOD 2015-16 DATED 1/1/2016 EXT. P10 TRUE COPY OF THE DRAWING SUBMITTED BY THE PETITIONER FOR THE 1ST FLOOR FOR APPROVAL BEFORE THE 2ND RESPONDENT DATED 7/1/2016 EXT. P11 TRUE COPY OF THE COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 25/11/2015 EXT. P12 TRUE COPY OF NOTICE GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER DATED 13/1/2016 EXT. P13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28/3/2016 EXT. P14 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 11/4/2016 RESPONDENTS' ANNEXURES:
Annexure R2(a) THE PHOTOCOPY OF THE RELEVANT EXTRACT OF THE TEMPORARY BUILDING NUMBER REGISTER OF 1ST RESPONDENT PANCHAYAT.
Annexure R2(b) THE PHOTOCOPY OF APPLICATION FOR BUILDING PERMIT DATED 07.01.2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
Annexure R2(c) THE PHOTOCOPY OF LETTER NO.A2.159/15 DATED 28.04.2017 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.
Annexure R2(d) THE PHOTOCOPY OF LETTER DATED 03.05.2018 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.
Annexure R2(e) THE PHOTOCOPY OF LETTER NO.B1.307/2019 DATED 17.01.2019 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.
Annexure R2(f) THE PHOTOCOPY OF LETTER DATED 23.02.2019 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.
Annexure R2(g) THE PHOTOCOPY OF LAWYER NOTICE DATED 04.02.2019 W.P.(C) Nos. 17815/2016 & 8378/2019 : 22:
CAUSED TO BE ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.
Annexure R2(h) THE TRUE COPY OF THE LETTER DATED 11.02.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S LAWYER.
/True Copy/ PS to Judge.
W.P.(C) Nos. 17815/2016 &
8378/2019 : 23:
APPENDIX OF WP(C) 8378/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE
PANCHAYAT TO THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
16348/2010 DATED 9.9.2015
EXHIBIT P3 TRUE COPY OF THE COVERING LETTER DATED
25.11.2015 PRODUCING THE JUDGMENT.
EXHIBIT P4 TRUE COPY OF THE ORDER OF THE PANCHAYAT
SECRETARY DATED 11.4.2016
EXHIBIT P5 TRUE PHOTOGRAPH OF THE FIRST STAGE
CONSTRUCTION MADE ILLEGALLY.
EXHIBIT P6 TRUE PHOTOGRAPH SHOWING CONSTRUCTION UPTO
THE LINTEL LEVEL ON THE 1ST FLOOR OF THE
BUILDING.
EXHIBIT P7 TRUE PHOTOGRAPH SHOWING WORKERS ENGAGED IN
CONSTRUCTION OF THE BUILDING.
EXHIBIT P8 TRUE PHOTOGRAPH SHOWING THE PRESENT STAGE OF
CONSTRUCTIONS.
RESPONDENT EXHIBITS
EXHIBIT R3(a) TRUE PHOTOSTAT COPY OF THE JUDGMENT DATED, 30-
06-2017 IN OS NO.242 OF 2007 OF THE MUNSIFF
COURT, KUTHUPARAMBA.
EXHIBIT R3(b) TRUE PHOTOSTAT COPY OF THE ORDER DATED 24-09-09
IN IA NO. 1311/2009 IN OS NO. 242/2007 OF THE
MUNSIFF COURT, KUTHUPARAMBA.
Annexure R2(a) THE PHOTOCOPY OF THE RELEVANT EXTRACT OF THE
TEMPORARY BUILDING NUMBER REGISTER OF 1ST
RESPONDENT PANCHAYAT.
Annexure R2(b) THE PHOTOCOPY OF APPLICATION FOR BUILDING
PERMIT DATED 07.01.2016 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
W.P.(C) Nos. 17815/2016 &
8378/2019 : 24:
Annexure R2(c) THE PHOTOCOPY OF LETTER NO.A2.159/15 DATED
28.04.2017 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.
Annexure R2(d) THE PHOTOCOPY OF LETTER DATED 03.05.2018 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.
Annexure R2(e) THE PHOTOCOPY OF LETTER NO.B1.307/2019 DATED 17.01.2019 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.
Annexure R2(f) THE PHOTOCOPY OF LETTER DATED 23.02.2019 ISSUED BY THE 2ND RESPONDENT TO THE STATION HOUSE OFFICER, KOOTHUPARAMBU.
Annexure R2(g) THE PHOTOCOPY OF LAWYER NOTICE DATED 04.02.2019 CAUSED TO BE ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.
Annexure R2(h) THE TRUE COPY OF THE LETTER DATED 11.02.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S LAWYER.
/True Copy/ PS to Judge.
rv