The court emphasized the importance of procedural compliance for construction regularization and established timelines for submissions and decisions.

JUDGMENT

This writ petition is filed with following prayers:-

“i) issue a writ of certiorari or any other appropriate writ, order or direction, quashing Exhibit P24;

ii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1^st respondent to ascertain whether the 4^th respondent has complied all the conditions in Ex.P20 before regularization of the construction;

iii) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1^st respondent to direct the 3^rd respondent whether the construction is made as per the conditions in Ex.P20 before the regularization of the construction;

iv) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1^st respondent to file a report before this Hon’ble Court whether the regularization of the construction of the 4^th respondent is after complying the conditions in Ex.P20;

v) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1^st respondent to set aside the regularization of the construction made by the 4^th respondent in R.S. No.

203/17 of Kunjathur Village in Kasaragod District;

vi) grant such other relief as this Hon’ble Court may deem fit and proper in the circumstances of the case.” (SIC)

2. An application submitted by the 4^th respondent is allowed with certain conditions as evident by Ext.P20. The petitioner submitted a complaint against the same before the Town Planner, who is the 1^st respondent. The 1^st respondent issued Ext.P21 to the 3^rd respondent for getting remarks. As evident by Ext.P24, the information received under the Right to Information Act, it is clear that no report is submitted by the 3^rd respondent to the 1^st respondent. Hence, this writ petition is filed.

3. Heard the learned counsel for the petitioner, the learned Government Pleader and also the learned counsel appearing for the Panchayath.

4. After hearing both sides, I am of the considered opinion that there can be a direction to the 3^rd respondent to submit necessary report to the 1^st within a time frame and there can be a direction to the 1^st respondent to finalise the proceedings initiated as per Ext.P21 within a time frame.

Therefore, this Writ Petition is disposed of in the following manner:

1. The 3^rd respondent is directed to submit necessary report as requested in Ext.P21 to the 1^st respondent within one month from the date of receipt of a certified copy of this judgment.

2. Once the report is received from the 3^rd respondent, the 1^st respondent will consider the representation submitted by the petitioner, after giving an opportunity of hearing to the petitioner and the 4^th respondent, as expeditiously as possible, at any rate, within two months from the date of receipt of the report from the 3^rd respondent.