High Court of KeralaWP(C)/29238/2014disposed of

Nadarajan v. The Thiruvilvamala Grama Panchayath

2015-09-16Honourable Mr.Justice V.Chitambaresh4 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. 29238 of 2014 (D) ------------------------------------- PETITIONER:

--------------------- NADARAJAN, AGED 42 YEARS S/O. THANNEERPANTHAL VEETTIL GOPALAN, MATHOOR AMSOM PALLANCHATHANUR DESOM, PALAKKAD DISTRICT.

BY ADVS.SRI.FRANCO T.J.

SRI.G.SANTHOSH KUMAR (P).

RESPONDENTS:

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

1. THE THIRUVILVAMALA GRAMA PANCHAYATH THIRUVILVAMALA, THRISSUR DISTRICT REP. BY ITS SECRETARY-680001.

2. THE SECRETARY THE THIRUVILVAMALA GRAMA PANCAHAYATH, THIRUVILVAMALA THRISSUR DISTRICT-680001.

3. RAJAN S/O. ERAVATHODI THERUV KRISHNAN, KANIYARKODE DESAM THIRUVILWAMALA AMSOM, THALAPPILLY TALUK THRISSUR DISTRICT-680001.

R1 & R2 BY ADVS. SRI.P.VIJAYA BHANU (SR.) SRI.AJEESH K.SASI SRI.UNNI SEBASTIAN KAPPEN R3 BY ADV. SRI.RAJIT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29238 of 2014 (D) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- TRUE COPY OF THE SALE DEED NO. 3246/1995 IN PAZHAYANNUR S.R.O.

EXHIBIT P2- TRUE COPY OF THE JUDGMENT IN OS.NO.532/2007 DATED 31-012009. EXHIBIT P3- TRUE COPY OF THE JUDGMENT IN APPEAL NO. 137/2010 DATED 31-03-2014.

EXHIBIT P4- TRUE COPY OF THE COMPLAINT DATED 20-10-2014 PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT .

EXHIBIT P5- TRUE COPY OF THE PHOTOGRAPHS SHOWING THE UNAUTHORIZED CONSTRUCTIONS LAID DOWN BY THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS:- --------------------------------------- EXHIBIT R3(a)- TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECOND RESPONDENT EXHIBIT R3(b)- TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT BEARING NO. C3/1804/15 DATED 19.08.2015 /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 29238 OF 2014 ---------------------------------------- Dated this the 16th day of September, 2015

JUDGMENT

The parties are at variance as to whether the construction was effected in accordance with the building permit or not. Ext. P4 complaint put in by the petitioner is pending consideration.

I direct the second respondent to conduct a site inspection for verification. Ext. P4 complaint shall thereafter be disposed of on the basis of inspection conducted.

The needful shall be done with notice to the petitioner as well as the third respondent. The building shall be numbered in case the construction is in conformity with the building permit.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS