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Sunil N.Pillai vs. State Of Kerala

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WP(C)/17015/2018HC KeralaGSTCNR KLHC01048603201830 July 2018Bench: HONOURABLE MR. JUSTICE SHAJI P.CHALY7 pages

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 30TH DAY OF JULY 2018 / 8TH SRAVANA, 1940 WP(C).No. 17015 of 2018 PETITIONER SUNIL N.PILLAI, S/O V.N. NARAYANA PILLAI, AGED 44 YEARS, BHAGYA JEWELLERS, ODANAVATTOM P.O, KOTTARAKKARA, KOLLAM, RESIDING AT BHAGYA, VILANGARA, CHEPRA P.O, KOTTARAKKARA, KOLLAM. BY ADV.SRI.B.MOHANLAL RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF PANCHAYATHS, GOVERNMENT OF KERALA, PUBLIC OFFICE BUILDINGS, MUSEUM, THIRUVANANTHAPURAM 33. 3. THE VELIYAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ODANAVATTOM P.O, KOTTARAKKARA, KOLLAM 691 512. 4. THE VELIYAM GRAMA PANCHAYATH COMMITTEE, REPRESENTED BY ITS PRESIDENT, ODANAVATTOM P.O, KOTTARAKKARA, KOLLAM 691 512. R1 & R2 BY GOVERNMENT PLEADER SRI. MANURAJ.K.J. R3 & R4 BY ADV. SRI.M.R.SASITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17015 of 2018 (B) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE SALE DEED NO 1108/2017 OF ODANAVATTOM SUB REGISTRY. EXHIBIT P2 THE TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2017-18 ISSUED BY THE VILLAGE OFFICER, ODANAVATTOM VILLAGE TO THE PETITIONER. EXHIBIT P3 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE NO A4/564/18 DATED 02/02/2018 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P4 THE TRUE COPY OF THE BUILDING TAX RECEIPT DATED 02-02-2018 FOR THE YEAR 2017-18 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P5 THE TRUE COPY OF THE PHOTO OF THE BUILDING. EXHIBIT P6 THE TRUE COPY OF THE GST REGISTRATION ISSUED BY THE COMMERCIAL TAX DEPARTMENT EXHIBIT P7 THE TRUE COPY OF THE LICENSE NO A4-278/17 DATED 13/10/2017 ISSUED BY THE 3RD RESPONDENT FOR THE YEAR 2017-2018 TO THE PETITIONER. EXHIBIT P8 THE TRUE COPY OF THE ORDER NO A4-250/2018 DATED 14-05-2018 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P9 THE TRUE COPY OF THE REPLY DATED 19-05-2018 SENT BY THE PETITIONER TO THE 3RD RESPONDENT AND ITS RECEIPT. EXHIBIT P10 THE TRUE COPY OF THE NOTICE DATED 21/05/2018 ISSUED BY THE 1ST UNDER SECTION 235(W)(2) OF THE ACT ALLEGING VIOLATION OF KERALA PANCHAYATH RAJ ACT 1994 TO THE PETITIONER. EXHIBIT P11 THE TRUE COPY OF THE APPLICATION DATED 22-05-2018 AND THE PLAN SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. AND IS RECEIPT EXHIBIT P12 THE TRUE COPY OF THE NOTICE NO. A4/3293/18 DATED 24/05/2018 ISSUED BY THE 3RD RESPONDENT EXHIBIT P13 THE TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28/06/2018 ISSUED BY THE VILLAGE OFFICER, ODANAVATTOM TO THE PETITIONER WP(C).No. 17015 of 2018 (B) EXT.P14 THE TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2017-18 ISSUED BY THE VILLAGE OFFICER, ODANAVATTOM TO THE PETITIONER EXT.P15 THE TRUE COPY OF THE REGULARIZATION PLAN SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P16 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE CHARTERED ENGINEER SRI. DHANESH KRISHNA EXT.P17 THE TRUE COPY OF THE POSTAL RECEIPT DATED 28.06.2018 OBTAINED FROM POST OFFICE, ODANAVATTOM RESPONDENTS EXHIBITS NIL /TRUE COPY/ PA TO JUDGE sdr/- 31/7/18 SHAJI P.CHALY, J. ======================== W.P.(C) No.17015 of 2018 ======================== Dated this the 30th day of July 2018

JUDGMENT This writ petition is filed by the petitioner seeking the following reliefs: “ i) To call for the records leading to Ext.P8 and P10 from the respondents and issue a writ of certiorari or other appropriate writ order or direction quashing Ext.P8 and P10 as illegal; ii) To issue a writ of mandamus or any other appropriate writ order or direction commanding the Respondents to permit the petitioner to strengthen the Shop Room No.VP III/350 (old) VP-III/191 (new) of Veliyam Grama No.30 of Oomannoor Village by carrying out the construction notwithstanding anything contained in Ext.P8, P10 and its consequential orders. iii) To issue a writ of mandamus or any other appropriate writ order or direction commanding the 3rd respondent to regularise the construction in the Shop Room No.VP III/350 (old) VP-III/191 (new) of Veliyam Grama No.30 of Oomannoor Village as per Ext.P11 by invoking Rule 235 (W) of the Kerala Panchayat Building Rules 2011 within a stipulated time as directed by this Hon'ble Court and till then operation and implementation of Ext.P8 and P10 and its consequential orders my be kept in abeyance. iv) To declare that the construction of the Shop Room No.VP III/350 (old) VP-III/191 (new) of Veliyam Grama No.30 of Oomannoor Village is not in violation of the Kerala Panchayat Raj Act, 1994 and Kerala Panchayat Building Rules 2011.” According to the petitioner, petitioner is in possession and enjoyment of an extent of 1¼ cents of property and a shop room within the limits of the 3rd respondent Grama Panchayat, comprised in Survey No.9/30 in Block No.30 of Oomannoor Village by virtue of Ext.P1 sale deed. Apparently, certain construction activities were undertaken by the petitioner. The Panchayat issued notice against alleged illegal activities carried on by the petitioner. Thereupon, petitioner has submitted Ext.P11 application seeking regularisation of the construction. On receipt of the Ext.P11, Panchayat has issued Ext.P12 stating that the application submitted by the petitioner is defective. According to the petitioner, petitioner has submitted Exts. P13 to P16, which is accepted by the Panchayat evident from Ext.P17 and seeks direction for early disposal of the same.

2.

I have heard learned Counsel for the petitioner, learned Government Pleader as well the learned counsel appearing for the respondents 3 and 4 and perused the pleadings and documents on record.

3.

Since the statutory application is pending consideration before the Secretary of the 3rd respondent, there will be a direction to finalise the proceedings pertaining to Ext.P11 application and Ext.P12 notice and Exts.P13 and P16 documents produced by the petitioner, at the earliest and at any rate within one month from the date of receipt of a copy of this judgment if required, after securing necessary participation of the petitioner. The writ petition is disposed of accordingly. SHAJI P.CHALY

JUDGE jm/ \\\\ PA to Judge

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.