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2021 Supreme(Online)(KER) 39756
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942 WP(C).No.1435 OF 2020(D)
PETITIONER/S:
KALED, AGED 51 YEARS, S/O. KUNHEENKUTTY, VADAKKETHIL HOUSE, AREEKAD, THALAKKADATHUR P.O., TIRUR, MALAPPURAM DISTRICT BY ADV. SRI.P.T.SHEEJISH RESPONDENT/S:
1 NASERUL ISLAM SANGAM COMMITTEE, AREEKAD, REPRESENTED BY IT'S PRESIDENT, MAMMU MUSLIAR, S/O. MOOSA MUSLIAR, KAKKATERI HOUSE, AREEKAD, THALAKKADATHUR PO, TIRUR, MALAPPURAM DISTRICT, PIN - 676 103
2 MABDAUL-ULOOM MADRASA COMMITTEE, REPRESENTED BY IT'S PRESIDENT, MAMMU MUSLIAR, S/O. MOOSA MUSLIAR, KAKKATERI HOUSE, AREEKAD, THALAKKADATHUR PO, TIRUR, MALAPPURAM DISTRICT, PIN - 676 103
3 THE SECRETARY, TANALUR GRAMA PANCHAYATH, TANALUR P.O., TIRUR, MALAPPURAM DISTRICT, PIN 676 103
4 TANALUR GRAMA PANCHAYATH, REPRESENTED BY IT'S SECRETARY, TANALUR P.O., TIRUR, MALAPPURAM DISTRICT, PIN 676 103.
5 THE DEPUTY DIRECTOR OF PANCHAYATH, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH, CIVIL STATION, KACHERI P.O., MALAPPURAM DISTRICT, PIN 691 013.
6 TALUK SURVEYOR, CIVIL STATION, TIRUR, MALAPPURAM DISTRICT, SECRETARY, NASERUL ISLAM SANGAM COMMITTEE, AREEKAD, THALAKKADATHUR PO, TIRUR, MALAPPURAM DISTRICT, PIN - 676 103.
7 AMUP SCHOOL, AREEKKAD, REPRESENTED BY ITS MANAGER, RAUF, AGED 40 YEARS, S/O. MUTHANIKAATT ABDULLA, AREEKAD, NELLIKKAD, PO THALAKKADATHUR, MALAPPURAM DISTRICT - 676 103 8 THE PRESIDING OFFICER, LOCAL SELF-GOVERNMENT TRIBUNAL, COURT COMPLEX, VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695 035 R2 BY ADV. SRI.G.SREEKUMAR (CHELUR)
R3-4 BY ADV. SMT.DEEPA NARAYANAN R5 BY SRI.K.J.MANURAJ, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.03.2021, ALONG WITH WP(C).4283/2021(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942 WP(C).No.4283 OF 2021(I)
PETITIONER/S:
KALED, AGED 51 YEARS S/O KUNHEENKUTTY, VADAKKETHIL HOUSE, AREEKAD, THALAKKADATHUR.P.O, TIRUR, MALAPPURAM DISTRICT.
BY ADV. SRI.P.T.SHEEJISH RESPONDENT/S:
1 NASERUL ISLAM SANGAM COMMITTEE, AREEKAD, REPRESENTED BY IT'S PRESIDENT, MAMMU MUSLIAR, S/O MOOSA MUSLIAR, KAKKATERI HOUSE, AREEKAD, THALAKKADATHUR.P.O., TIRUR, MALAPPURAM DISTRICT,PIN-676103.
2 MABDAUL-ULOOM MADRASA COMMITTEE, REPRESENTED BY IT'S PRESIDENT, AREEKAD, THALAKKADATHUR.P.O, TIRUR, MALAPPURAM DISTRICT, PIN-676103.
3 THE SECRETARY, TANALUR GRAMA PANCHAYATH, TANALUR.P.O, TIRUR, MALAPPURAM DISTRICT, PIN-676103. 4 TANALUR GRAMA PANCHAYATH, REPRESENTED BY IT'S SECRETARY, TANALUR.P.O, TIRUR, MALAPPURAM DISTRICT, PIN-676103.
5 THE DEPUTY DIRECTOR OF PANCHAYATH, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH, CIVIL STATION, KACHERI.P.O, MALAPPURAM DISTRICT, PIN-691013.
6 TALUK SURVEYOR, CIVIL STATION, TIRUR, MALAPPURAM DISTRICT, SECRETARY, NASERUL ISLAM SANGAM COMMITEE, AREEKAD, THALAKKADATHUR.P.O, TIRUR, MALAPPURAM DISTRICT, PIN-676103.
7 AMUP SCHOOL, AREEKKAD, REPRESENTED BY ITS MANAGER, RAUF, AGED 40 YEARS, S/O MUTHANIKAATT ABDULLA, AREEKAD, NELLIKKAD,PO THALAKKADATHUR, MALAPPURAM DISTRICT-676103.
8 THE PRESIDING OFFICER, LOCAL SELF-GOVERNMENT TRIBUNAL, COURT COMPLEX, VANCHIYOOR, THIRUVANANTHAPURAM, PIN-695035.
R1 BY ADV. SRI.C.P.UDAYABHANU R1 BY ADV. SRI.NAVANEETH.N.NATH R1 BY ADV. SRI.GANGADHARAN MANAPPATT PALLIKUTH R2 BY ADV. SRI.G.SREEKUMAR (CHELUR)
R3-4 BY SMT.DEEPA N., SC, TANALUR GRAMA PANCHAYAT BY SRI.K.J.MANURAJ, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.03.2021, ALONG WITH WP(C).1435/2020(D), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
&
4283 of 2021 -----------------------------------------------
['P T SHEEJISH', 'SRI C P UDAYABHANU', '', 'SRI NAVANEETH N NATH', 'SRI GANGADHARAN MANAPPATT PALLIKUTH', 'SRI G SREEKUMAR CHELUR', 'SMT DEEPA N', 'SC', 'TANALUR GRAMA PANCHAYAT']
J U D G M E N T
The issues arising for consideration in these matters being closely interlinked, they are disposed of by this common judgment. Parties and documents are referred to in this judgment, as they appear in W.P.(C) No.1435 of 2020.
2. The first respondent obtained Ext.P1 building permit from the fourth respondent Panchayat for construction of a building. On 09.01.2020, the third respondent, the Secretary of the Panchayat issued Ext.P14 notice to the first respondent stating that the first respondent was not entitled to the building permit granted to them, and directing the first respondent to show cause why the building permit issued to them shall not be recalled. The writ petition was filed thereafter, seeking directions to the third respondent to take appropriate measures to stop the constructions of the first respondent alleging that despite Ext.P14 notice, the first respondent is continuing the constructions.
3. On 17.01.2020, this Court admitted the writ petition and passed an interim order directing the first respondent to maintain status quo as regards the construction undertaken by them.
4. It is seen that during the pendency of the writ petition, the building permit granted to the first respondent was revoked by the third respondent, and the order passed in this regard by the third respondent has been challenged by the first respondent before the Tribunal for Local Self Government Institutions in Appeal No.62 of 2020. It is also seen that in terms of an interim order passed in the said appeal on 13.01.2021, the Tribunal permitted the first respondent to continue the construction in accordance with the plan and permit. W.P.(C) No.4283 of 2021 was filed by the petitioner thereupon challenging the interim order of the Tribunal dated 13.01.2021.
5. Heard the learned counsel for the petitioner as also the learned counsel for the first respondent.
6. The dispute between the petitioner and the first respondent is as regards the right of the first respondent to obtain the building permit referred to in the writ petition. The said dispute is one to be decided primarily by the third respondent and the third respondent has already decided the said dispute in favour of the petitioner. The first respondent is certainly entitled to challenge the decision of the third respondent in appeal before the Tribunal and they have already instituted an appeal challenging the said decision of the third respondent before the Tribunal, and the matter is seized of by the Tribunal. This Court cannot therefore adjudicate the said dispute in this proceedings under Article 226 of the Constitution especially when the matter is pending consideration of the Tribunal. The interim order dated 13.01.2021 is an ad interim order passed by the Tribunal in the appeal filed by the first respondent and if the petitioner is aggrieved by the said ad interim order, it is for him to move the Tribunal for vacating the same and a writ petition cannot be instituted to examine the correctness of such an ad interim order.
In the said view of the matter, the writ petitions are dismissed without prejudice to the right of the petitioner to move the Tribunal for appropriate reliefs.
Sd/-
P.B.SURESH KUMAR, JUDGE rkj APPENDIX OF WP(C) 1435/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE BUILDING PERMIT DATED 04.08.2018 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE COMMUNICATION DATED 12.09.2018, ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT, ALONG WITH THE REPORT OF THE OVERSEER AND ENGLISH TRANSLATION.
EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION SUBMITTED BY THE 1ST RESPONDENT BEFORE THE 3RD RESPONDENT AND ENGLISH TRANSLATION.
EXHIBIT P4 THE TRUE COPY OF THE LEGAL OPINION DATED 26.09.2019, ISSUED BY THE LEGAL ADVISOR OF THE 3RD RESPONDENT AND ENGLISH TRANSLATION.
EXHIBIT P5 THE TRUE COPY OF THE STOP MEMO DATED
26.09.2019 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT AND ENGLISH TRANSLATION.
EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED
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