High Court of KeralaWP(C)/19858/2014disposed of

M.Hussain v. Director Of Panchayath

2015-09-02Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 WP(C).No. 19858 of 2014 (F) ---------------------------- PETITIONER(S):

----------------- M.HUSSAIN, AGED 60 YEARS S/O.MUHAMMED KUNJU, SHIBI NIVAS, MANAKKARA P.O. SASTHAMCOTTAH, KUNNATHUR TALUK KOLLAM DISTRICT - 691 001.

BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S)/RESPONDENTS:-:

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

1. DIRECTOR OF PANCHAYATH THIRUVANANTHAPURAM - 695 001.

2. DEPUTY DIRECTOR OF PANCHAYATH, KOLLAM - 691 001.

3. SASTHAMCOTTAH GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY OFFICE OF SASTHAMCOTTAH GRAMA PANCHAYATH SASTHAMCOTTAH, KUNNATHUR TALUK KOLLAM DISTRICT - 691 001.

4. ASSISTANT ENGINEER, ELECTRICAL SECTION, SASTHAMCOTTAH, KOLLAM - 691 001. R3 BY ADV. SRI.M.RAMESH CHANDER (SR.) R3 BY ADV. SRI.ANEESH JOSEPH R BY SENIOR GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN R BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19858 of 2014 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS --------------------------- EXHIBIT P1. TRUE COPY OF THE LAND TAX RECEIPT OF THE PROPERTY. EXHIBIT P2. TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED BY THE VILLAGE OFFICE SASTHAMCOTTAH.

EXHIBIT P3. TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICE, SASTHAMCOTTAH.

EXHIBIT P4. TRUE COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT ASSISTANT ENGINEER ELECTRIC SECTION SASTHAMCOTTAH DATED 24.05.2011.

EXHIBIT P5. TRUE COPY OF THE ELECTRICITY BILL ISSUED TO THE CONSUMER NO.4718.

EXHIBIT P6. TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT ALONG WITH THE RECEIPT ISSUED BY THE PANCHAYATH DATED 28.06.2014.

EXHIBIT P7.

TRUE COPY OF THE REPLY ISSUED BY THE PANCHAYATH DATED 28.5.2014.

RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.19858 of 2014 --------------------- Dated this the 2nd day of September, 2015

J U D G M E N T

The petitioner asserts that the commercial premises having one room was built even before the Kerala Panchayat Raj Act came into force. It is however conceded that two additional rooms have been constructed behind the shop room and adjacent to it later. It is the case of the petitioner that the subsequent construction can be regularised under the Kerala Building (Regularisation of Unauthorised Construction) Rules, 2010.

2. It is open to the petitioner to apply for regularisation of the construction by filing appropriate application with the third respondent Panchayat. Any such application filed within one month from today shall be dealt with by the third respondent within two months therefrom. The entire building comprising of three rooms shall either be regularised or the old shop room alone numbered directing demolition of the subsequent construction.

3. It is made clear that the application for regularisation shall be dealt with by the third

W.P(C) No.19858/2014 respondent Panchayat as per the law in force. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.