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High Court of KeralaWP(C)/20336/2013disposed of

P.Saidali v. The Wandoor Grama Panchayath

2015-09-16Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 WP(C).No. 20336 of 2013 (N) ---------------------------- PETITIONER(S):

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1. P.SAIDALI AGED 72 YEARS S/O.AHAMMED KUTTY, POOKATUTHODIKA HOUSE, P.O.WANDOOR MALAPPURAM DISTRICT.

2. PATHUTHARA SAFIYA W/O.P.SAIDALI, POOKATUTHODIKA HOUSE, P.O.WANDOOR MALAPPURAM DISTRICT.

BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S):

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1. THE WANDOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, WANDOOR P.O.

MALAPPURAM DISTRICT-679328.

2. THE SECRETARY THE WANDOOR GRAMA PANCHAYATH, WANDOOR P.O.

MALAPPURAM DISTRICT-679328.

R1-R2 BY ADV. SRI.SAJU.S.A THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20336 of 2013 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: TRUE COPY OF THE LICENSE ISSUED BY THE PANCHAYATH. EXHIBIT-P2: TRUE COPY OF THE RECEIPTS FOR THE LICENSE FEE REMITTED BY THE FIRST PETITIONER.

EXHIBIT-P3: TRUE COPY OF THE BUILDING CONTRACT DATED 3.12.1993. EXHIBIT-P4: TRUE COPY OF THE RECEIPTS FOR THE BUILDING TAX DATED 8.8.2005 AND 22.2.2008.

EXHIBIT-P5: TRUE COPY OF THE RECEIPTS FOR THE PROFESSIONAL TAX REMITTED BY THE FIRST PETITIONER.

EXHIBIT-P6: TRUE COPY OF THE TELEPHONE BILL DATED 5.1.13. EXHIBIT-P7: TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE ASSISTANT LABOUR OFFICER NILAMBUR.

EXHIBIT-P8: TRUE COPY OF THE APPLICATION FOR RENEWAL OF LICENSE AND REPRESENTATION DATED 5.2.2013.

EXHIBIT-P9: TRUE COPY OF THE DEMAND DRAFT DATED 11.1.2013. EXHIBIT-P10: TRUE COPY OF THE REPRESENTATION DATED 14.12.2011. EXHIBIT-P11: TRUE COPY OF THE JUDGMENT DATED 15.03.2013 IN W.P. (C) NO.7341/2013.

EXHIBIT-P12: TRUE COPY OF THE NOTICE DATED 23.05.2013 WITH POSTAL COVER.

EXHIBIT-P13: TRUE COPY OF THE REPRESENTATION DATED 03.06.2013. EXHIBIT-P14: TRUE COPY OF THE ORDER DATED 06.06.2013 PASSED BY THE SECOND RESPONDENT.

EXHIBIT P15 - TRUE COPY OF THE ORDER DATED 8.7.2008 ISSUED BY THE SECOND RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- EXHIBIT R1(a) - TRUE COPY OF THE ORDER DATED 6.6.2013 ALONG WITH ACKNOWLEDGEMENT MADE BY 1ST PETITIONER.

TRUE COPY SKS P.A. TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 20336 OF 2013 --------------------------------------- Dated this the 16th day of September, 2015

JUDGMENT

The petitioners confine their relief to an early consideration of their application for regularization of unauthorized construction.

The contentions of the petitioners are two fold and they are as under: i.

The construction of the buildings in question was done much before the Kerala Panchayat Building Rules came into force.

ii.

The construction of the buildings is at any rate liable to be regularized as per the Rules now in force 2.

It is up to the petitioners to make a motion in this regard with the respondents. Any such application filed within one month from today shall be dealt with by the second respondent within two months therefrom. The writ petition is disposed of accordingly. V.CHITAMBARESH, JUDGE sks