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2021 Supreme(Online)(KER) 27175

HIGH COURT OF KERALA
SHAJI P.CHALY, J
VELLADATH RAGHAVAN – Appellant
Versus
MANGATTIDAM GRAMA PANCHAYATH – Respondent


Advocates:
SRI.K.I.MAYANKUTTY MATHER, K.MOHANAKANNAN, SRI.P.RAHUL, SRI.MURALI PURUSHOTHAMAN, SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL, SRI.K.V.PAVITHRAN, SRI.DEEPU LAL MOHAN, SC, SRI.P.SAJU, SRI.ABRAHAM K.JOHN, SRI.P.K.BALAKRISHNAN, SMT.C.G.ARUNDHATHI

JUDGMENT

The captioned writ petitions are materially connected in respect of a building permit secured by the petitioner in W.P.(C) No. 17815 of 2016 from the Secretary of Mangattidam Grama Panchayat—second respondent and the challenge there in is to an adverse order passed by the Secretary of the Grama Panchayat against the petitioner ; whereas, the connected writ petition is filed by a resident within the Grama Panchayat and the neighbour of the petitioner in the connected writ petition seeking a direction to the Grama Panchayat and its Secretary to proceed against the construction carried out by the writ petitioner in W.P.(C) No. 17815 of 2016 in violation of the Building Rules and disregarding the direction to stop construction. The petitioner in the said writ petition died and consequently his legal heirs are impleaded as additional petitioners 2 and 3 as per an order passed today.

2. The basic facts discernible from W.P.(C) No. 17815 of 2016 are as follows:

The petitioner is the owner in possession of an extent of 31 cents of property situated in RS No. 68/1 of Mangattidom Amsom, Thalassery Taluk. The petitioner has secured Ext. P1 building permit and Exts. P1(a) and P1(b) appro

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