IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

MONDAY, THE 15TH DAY OF JANUARY 2018 / 25TH POUSHA, 1939

WP(C).No. 26619 of 2017

PETITIONER(S)

BIJU VARKEY,

S/O.VARKEY, AGED 35, KOLLATHAZHE HOUSE, MUDAPPALLOOR P.O.,

ALATHUR TALUK, PALAKKAD DISTRICT, PIN-686 672.

BY ADV.SRI.SHYSON P.MANGUZHA

RESPONDENT(S):

1. THE CHIEF ENGINEER,

LSGD, REVENUE COMPLEX, 3RD FLOOR, PUBLIC OFFICE BUILDING,

THIRUVANANTHAPURAM-33.

2. THE PANCHAYAT DIRECTOR,

DIRECTORATE OF PANCHAYAT, THIRUVANANTHAPURAM-33.

3. THE DEPUTY DIRECTOR OF PANCHAYAT,

PALAKKAD, PALAKKAD DISTRICT, PIN-678 001.

4. THE VADKKANCHERI GRAMA PANCHAYAT,

REP. BY THE SECRETARY, VADAKKANCHERI P.O., PALAKKAD

DISTRICT, PIN-678 683.

5. THE CHIEF TOWN PLANNER (VIGILANCE),

THIRUVANANTHAPURAM-695 001.

6. THE TOWN PLANER (VIGILANCE),

PALAKKAD-678 001.

R1 TO R3, R5 & R6 BY GOVERNMENT PLEADER SMT.RAJI T.BHASKAR

R4 BY ADVS. SRI.N.KRISHNA PRASAD

SRI.IMAM GRIGORIOS KARAT

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD

ON 15-01-2018, THE COURT ON THE SAME DAY DELIVERED

THE FOLLOWING:

Msd.

WP(C).No. 26619 of 2017

APPENDIX

PETITIONER(S)' EXHIBITS

EXHIBIT P1- TRUE COPY OF THE BUILDING PERMIT NUMBER

A4/434/14 DATED 16/05/2014.

EXHIBIT P2- TRUE COPY OF BUILDING TAX RECEIPT DATED

22/05/2017 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3- TRUE COPY OF THE OWNER SHIP CERTIFICATE DATED

22/05/2017, ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P4- TRUE COPY OF THE SHOW CAUSE NOTICE DATED

02/06/2017 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P5- TRUE COPY LETTER DATED 23/05/2017 ISSUED BY

THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P6- TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY

THE 6TH RESPONDENT TO THE 5TH RESPONDENT.

EXHIBIT P7- TRUE COPY OF THE REPLY LETTER DATED 24/10/2017

SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P8- TRUE COPY OF ORDER NUMBER A4-4417/17 AND DATED

04/08/2017 WAS ISSUED BY THE 4TH RESPONDENT.

RESPONDENT(S)' EXHIBITS :

EXHIBIT R4(A):

TRUE COPY OF THE LETTER DATED 13.11.2017.

//TRUE COPY//

P.S.TO JUDGE

Msd.

A.K.JAYASANKARAN NAMBIAR, J.

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W.P.(C). No. 26619 of 2017(B)

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Dated this the 15^th day of January, 2018

JUDGMENT

The petitioner had constructed a commercial building within

the territorial limits of the 4^th respondent Panchayat. It is stated

that, immediately after construction, the petitioner obtained a

completion certificate and thereafter, the building constructed by

him was also allotted a number and granted an occupancy

certificate by the respondent Panchayat. Thereafter, by Ext.P6

report, the 6^th respondent appears to have pointed out certain

defects, in the construction put up by the petitioner, to the 5^th

respondent, who in turn, informed the 4^th respondent of the same.

The 4^th respondent, thereafter, forwarded the report to the

petitioner and sought for a rectification of the defects pointed out

by the 6^th respondent. It is the case of the petitioner that,

immediately on receipt of Ext.P6 report, he rectified the defects

and submitted Ext.P7 representation before the respondent

Panchayat pointing out that the defects had been cured. It is

stated that, without considering Ext.P7 representation, the

Panchayat proceeded to issue Ext.P8 order dated 04.08.2017

cancelling the occupancy certificate already issued to the

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W.P.(C). No. 26619 of 2017(B)

petitioner. In the writ petition Ext.P8 order is impugned by the

petitioner.

2.