Kerala High Court
Shemmy Thankaraj vs State Of Kerala on 27 March, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 15487 OF 2012
PETITIONER:
SHEMMY THANKARAJ
W/O.THANKARAJ, KUZHIPARAMBIL HOUSE,
PADUVAPURAM P.O., PALISSERY KARA,
KARUKUTTY VILLAGE, ALUVA TALUK.
BY ADVS.
SRI.V.RAJENDRAN (PERUMBAVOOR)
SRI.GEORGE VARGHESE KIZHAKKAMBALAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
LOCAL SELF GOVERNMENT (R.B) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 KARUKUTTY GRAMA PANCHAYAT
KARUKUTTY P.O. - 683 576,
ERNAKULAM DISTRICT, REP. BY ITS SECRETARY.
3 SENIOR TOWN PLANNER
REGIONAL TOWN PLANNING OFFICE, ERNAKULAM,
KADAVANTHRA P.O. - 682 020, KOCHI.
BY ADVS.
GOVERNMENT PLEADER SRI.RIYAL DEVASSY
SRI.G.SANTHOSH KUMAR P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.03.2024, ALONG WITH WP(C).15488/2012, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.15487 & 15488 of 2012
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 15488 OF 2012
PETITIONER:
RANI JOY
AGED 45 YEARS
W/O.JOY, PADAYATTI HOUSE, PANTHAKKAL,
PADUVAPURAM P.O., KARUKUTTY - 683 582.
BY ADVS.
SRI.V.RAJENDRAN (PERUMBAVOOR)
SRI.GEORGE VARGHESE KIZHAKKAMBALAM
RESPONDENTS:
1 STATE OF KERALA
REP.BY PRINCIPAL SECRETARY,
LOCAL SELF GOVERNMENT (R.B) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 KARUKUTTY GRAMA PANCHAYAT
KARUKUTTY P.O. - 683 576,
ERNAKULAM DISTRICT, REP. BY ITS SECRETARY.
3 SENIOR TOWN PLANNER
REGIONAL TOWN PLANNING OFFICE, ERNAKULAM,
KADAVANTHRA P.O., KOCHI - 682 020.
BY ADVS.
GOVERNMENT PLEADER SRI.RIYAL DEVASSY
SRI.G.SANTHOSH KUMAR P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, ALONG WITH WP(C).15487/2012, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.15487 & 15488 of 2012
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).Nos.15487 & 15488 of 2012
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Dated this the 27th day of March, 2024
JUDGMENT
These two writ petitions are filed challenging the order rejecting regularization applications submitted by the petitioners in these cases. The counsel for the petitioners submitted that now a new Rule is promulgated by the Government as per G.O.(P) No.21/2024/LSGD dated 09.02.2024 in which the restriction as far as Section 220(b) of the Kerala Panchayat Raj Act is also available if the buildings are not dangerous in nature. Therefore the petitioners submitted that they may be allowed to file a fresh application as per the new Rule leaving open the other contentions raised in these writ petitions. I think that prayer can be allowed.
Therefore, these writ petitions are disposed of with following directions:
1. The petitioners in these writ petitions are free to file fresh application for regularization as per the Kerala WP(C).No.15487 & 15488 of 2012 4 Panchayat Building (Regularization of Unauthorised Construction) Rules, 2024, within one month from the date of receipt of a copy of this judgment.
2. Once such an application is received, the Panchayat concerned will consider the same and pass appropriate orders in it, in the light of the provisions in the Kerala Panchayat Building (Regularization of Unauthorised Construction) Rules, 2024.
3. I make it clear that all the contentions raised by the petitioners in these writ petitions are left open.
4. If the applications are filed as directed above, till final orders are passed, no coercive steps shall be taken against the petitioners.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.15487 & 15488 of 2012 5 APPENDIX OF WP(C) 15487/2012 PETITIONERS' EXHIBITS EXIHIBIT.P1. TRUE COPY OF DECISION TAKEN IN THE ADALATH BEARING NO.B3-319/11/ADLT 194 DATED 5.2.2011. EXIHIBIT.P2. TRUE COPY OF RECEIPT NO.77 DATED 18.2.2011 ISSUED FROM 2ND RESPONDENT PANCHAYAT. EXIHIBIT.P3. TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT BEARING NO.67751/RB1/2011/LSGD DATED 19.12.2011.
EXIHIBIT.P4.TRUE COPY OF LETTER BEARING NO.A1- 8081/12 DATED 14.6.2012 ISSUED BY 2ND RESPONDENT. RESPONDENT'S EXHIBITS EXHIBIT R2(A) : COPY OF LETTER ISSUED BY THE PETITIONER TO THE RESPONDENT EXHIBIT R2(B) : COPY OF AGREEMENT DATED 9.3.2011 WP(C).No.15487 & 15488 of 2012 6 APPENDIX OF WP(C) 15488/2012 PETITIONERS' EXHIBITS EXIHIBIT. P1. TRUE COPY OF THE LETTER ISSUED BY THE PANCHAYAT TO THE PETITIONER BEARING NO.D3-434/94 DATED 30.8.96 EXIHIBIT.P2. TRUE COPY OF DECISION TAKEN IN THE ADALATH BEARING NO.D3-498/11/ADLT-371 DATED 5.2.2011. ` EXIHIBIT.P3. TRUE COPY OF RECEIPT NO.72 DATED 18.2.2011 ISSUED FROM 2ND RESPONDENT PANCHAYAT. EXIHIBIT.P4. TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT BEARING NO.62413/RB1/2011/LSGD DATED 25.11.2011.
EXIHIBIT.P5.TRUE COPY OF LETTER NO.A3/1767/11L.DIS. ON 17.12.2011 ISSUED BY THE 3RD RESPONDENT. EXHIBIT. P6. TRUE COPY OF LETTER NO.A1-8081/12 DATED 14.6.2012 ISSUED BY THE 2ND RESPONDENT TO THE COUNSEL OF THE PETITIONER.
EXHIBIT P7 : COPY OF NOTICE BERING NO.C4-391/21 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ON 12.7.21 EXHIBIT P8 : COPY OF NOTICE BERING NO.B3-3500/2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ON 16.12.2021 RESPONDENT'S EXHIBITS EXHIBIT R2(A) : COPY OF AGREEMENT DATED 09.03.2011