Kerala High Court
Kunchandy Chacko vs State Of Kerala on 4 August, 2021
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
WP(C) NO. 17465 OF 2020
PETITIONERS:
1 KUNCHANDY CHACKO
AGED 73 YEARS
S/O.KUNCHANDY,
RESIDING AT PULIYAMKUNNU,
CHERUVAKKAL.P.O,
AYOOR(VIA),KOLLAM.
2 SARAMMA,
AGED 69 YEARS
W/O.KUNCHANDY CHACKO,
RESIDING AT PULIYAMKUNNU,
CHERUVAKKAL.P.O,
AYOOR(VIA),
KOLLAM.
BY ADVS.
M.K.CHANDRA MOHANDAS
SRI.SHAKTHI PRAKASH
SHRI.HARIKRISHNAN M.S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECREATARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE TAHSILDAR,
OFFICE OF THE TAHSILDAR,
FIRST FLOOR,
MINI CIVIL STATION,
KOLLAM-TENKASI ROAD,
PANAMKUTTYMALA,
PUNALUR,KERALA-691305.
3 EDAMULAKKAL PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
EDAYAM.P.O,
ARAKKAL,
WP(C) NO.17465 OF 2020 2
PUNALUR,
KOLLAM-691333.
4 DISTRICT TOWN PLANNING COMMITTEE FOR REGULARIZATION
OF UNAUTHORISED CONSTRUCTION
IN EDAMULAKKAL GRAMA PANCHAYAT,
REPRESENTED BY ITS CONVENER,
OFFICE OF THE DISTRICT TOWN PLANNER,KOLLAM-691001.
BY ADVS.
BY R1, R2, & R4 - ADV.SRI.RAJIV JYOTHIS GEORGE
GOVERNMENT PLEADER
BY R3 - ADV.SRI.MANOJ RAMASWAMY - STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.17465 OF 2020 3
JUDGMENT
Dated this the 4th day of August 2021 The petitioners had constructed a shopping complex in the 17 cents of land comprised in Survey No.137/5 and 137/8 in Block No.27 of Edamulakkal Village, Kollam District owned by them. The grievance of the petitioners is that the Panchayath is not assigning building number to the said building after regularising certain unauthorised construction.
2. A statement has been filed on behalf of the Panchayath, wherein it is stated that the petitioners had made an application for regularisation of the unauthorised construction and it is in view of the said unauthorised constructions the building is not numbered. The petitioners have undertaken that the unauthorised constructions would be removed. The stand of the Panchayath is that, if the WP(C) NO.17465 OF 2020 4 unauthorised construction is removed as undertaken by the petitioners before the Panchayath they will consider the application for numbering the building.
3. Heard the learned counsel for the the petitioners as well as the learned Government Pleader and the learned counsel for the Panchayath.
4. An affidavit dated 12.02.2021 is filed by the petitioners stating that the petitioners have removed the constructions which the Panchayath refers to as unauthorised construction. The photograph of the building after removing the unauthorised structures are also produced along with the affidavit.
The learned counsel for the Panchayath also submits that the petitioners had removed the unauthorised structures. In said circumstances, there will be a direction to the 3 rd respondent Panchayath to consider and pass orders on the WP(C) NO.17465 OF 2020 5 application of the petitioners for numbering the building. This shall be done within a period of one month from the date of receipt of copy of this judgment.
Accordingly, this writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SMF WP(C) NO.17465 OF 2020 6 APPENDIX OF WP(C) 17465/2020 PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 17.03.2020 OF THIS HON'BLE HIGH COURT.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 15.07.2020 OF THE 2ND RESPONDENT TAHSILDAR.
EXHIBIT P3 TRUE COPY OF THE ORER NO.TCPKLM/223/2020/C DATED 09.07.2020 PASSED BY THE 4TH RESPONDENT COMMITTEE.
EXHIBIT P4 SERIES COPIES OF PHOTOGRAPHS SHOWING THE TEMPORARY CONSTRUCTION.
EXHIBIT P5 PHOTOGRAPHS SHOWING REMOVAL OF UNAUTHORISED CONSTRUCTION.
//TRUE COPY// PA TO JUDGE