Sasidharan v. Vadakkenchery Grama Panchayat

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 9TH DAY OF NOVEMBER 2015/18TH KARTHIKA, 1937 WP(C).No. 12635 of 2015 (D) ---------------------------- PETITIONER(S):

-------------------------- SASIDHARAN AGED 58 YEARS S/O. VELU, CHUNGATHODI, AYAKKAD VADKKANCHERY, PALAKKAD DISTRICT.

BY ADV. SRI.P.R.VENKETESH RESPONDENT(S):

----------------------------

1. VADAKKENCHERY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, VADAKKANCHERY PALAKKAD DISTRICT - 678 683.

2. REVENUE DIVISIONAL OFFICER, PALAKKAD.678 600 R BY ADV.K.A.SANJEETHA, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12635 of 2015 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1-TRUE COPY OF THE BUILDING PERMIT THAT WAS EARLIER OBTAINED BY THE ORIGINAL OWNER K.E. HANEEFA IN RESPECT OF THE SOUTHERN PORTION. EXHIBIT-P2-TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 13/11/2013 ISSUED IN FAVOUR OF THE PETITIONER BY THE PANCHAYATH WITH ITS ENGLISH TRANSLATION.

EXHIBIT-P3-TRUE COPY OF THE PROVISIONAL ORDER DATED 17/03/2015 UNDER SECTION 235 (W) (1) OF THE KERALA PANCHAYATH RAJ ACT WITH ENGLISH TRANSLATION.

EXHIBIT-P4-TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE RDO BY THE PETITIONER WITH ENGLISH TRANSLATION.

EXHIBIT-P5-TRUE COPY OF THE APPLICATION FOR REGULARISATION SUBMITTED BY THE PETITIONER DATED 02/01/2015.

EXHIBIT-P6-TRUE COPY OF THE REPLY DATED 30/03/2015 TO EXHIBIT-P3 PROVISIONAL ORDER SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT WITH ENGLISH TRANSLATION.

EXHIBIT P7-TRUE COPY OF THE KLU ORDER DATED 30.1.2001 ISSUED FROM THE 2ND RESPONDENT TO THE PETITIONER RESPONDENT(S)' EXHIBITS ---------------------------------------NIL TRUE COPY SKS P.A TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 12635 OF 2015 --------------------------------------- Dated this the 9th day of November, 2015

JUDGMENT

The petitioner confines his relief to an early consideration of Ext.P5 application for regularisation of construction.

2.

I direct the first respondent to consider Ext.P5 application with notice to the petitioner within a period of two months. Any application put in by the tenant of the premises for trade licence can also be processed. Ext.P3 order for demolition of the building shall not be enforced in the meanwhile.

The writ petition is disposed of as above.

V.CHITAMBARESH, JUDGE sks