AI Structured Summary
Not yet generated for this judgment
Judgment
P.V.Kunhikrishnan, J
The above writ petition is filed with following prayers:
“I. issue a writ in the nature of mandamus or any other writ, order or direction to the respondent to finalize the proceedings on Exhibit P4 within an outer time limit to be fixed by this Hon'ble court.
II. issue a writ in the nature of mandamus to call for the records leading to the issuance of Exhibit P6 and quash the same as illegal.
III. issue a writ in the nature of mandamus or any other writ, order or direction to the respondent to finalize the proceedings on Exhibit P5 within an outer time limit to be fixed by this Hon'ble court.
IV. dispense with filing of the translation of vernacular documents.
V. Issue such other relief that the court may grant in the interest of justice.” (sic)
The petitioner owns a commercial building in Vandazhi Grama panchayath in Palakkad District. In the year 2014, an area of 103.29 square meter in the ground floor consisting four rooms was constructed after approval from the Grama Panchayath. In 2021-22, the petitioner constructed a first floor measuring an extent of 88.25 square meter over the existing building. The respondent allotted a number for the building. However, soon after, the panchayath issued a provisional order cancelling the number allotted to the building and issued notice to show cause for not permanently cancelling the same. According to the Panchayat the petitioner constructed area more than the approved one and has not provided sufficient parking space. It is submitted that before numbering the building the site inspection was conducted by the technical wing of the Panchayat and it is after being satisfied on report by the technical wing that the construction is in compliance with the Kerala Panchayat Building Rules, building number was allotted for the construction. The petitioner thereafter submitted Exhibit P4 application requesting for reallottment of the building number. The said application is pending consideration. Likewise Exhibit P5 application submitted by the petitioner for issuance of license to run the bookstall in the shop room situated in the ground floor is also put on hold on the alleged ground of unauthorized construction over the 1st floor of the building. Thus aggrieved by the delay in finalizing the proceedings pursuant to Exts.P4 and P5 application, the petitioner filed this writ petition.
Heard the counsel for the petitioner and the Standing Counsel appearing for the respondent.
The main prayer in the writ petition is for issuing appropriate direction to the Panchayat to finalise the proceedings on Ext.P4 within an outer limit. When the matter came up for consideration, the counsel for the respondent submitted that the proceedings will be finalised as expeditiously as possible. In the light of the same, this writ petition can be disposed of in the following manner:
There will be a direction to the respondent to finalise the proceedings on Exts.P4 and P5, as expeditiously as possible, at any rate, within ten days from the date of receipt of a copy of this judgment.
