2025:KER:27647 WPC.No.12304/25 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO.12304 OF 2025 PETITIONER: SISTER ROSA M.D., AGED 55 YEARS, SANTHI BHAVAN PALLIATIVE HOSPITAL, PALLISSERRY, ARATTUPUZHA P.O, THRISSUR, PIN – 680 562. BY ADVS. HELEN P.A. BINNY THOMAS ATHUL ROY INDRAJITH DILEEP AMALA ANNA THOTTUPURAM ABHILASH T. RESPONDENTS: 1 VALLACHIRA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VALLACHIRA P.O., THRISSUR, PIN – 680 562. 2 THE SECRETARY, VALLACHIRA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, VALLACHIRA P.O., THRISSUR, PIN – 680 562. 3 THE DISTRICT TOWN PLANNER, OFFICE OF THE DISTRICT TOWN PLANNER, CIVIL 2025:KER:27647 WPC.No.12304/25 2 STATION, AYYANTHOL, THRISSUR, PIN – 680 003. Shri.C.Harikumar, Spl.G.P, Smt.K.R.Deepa. Spl.G.P, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27647 WPC.No.12304/25 3 JUDGMENT The petitioner is the administrator of M/s.Santhi Bhavan Palliative Hospital. The petitioner was initially granted with Ext.P6 site approval and building permit by the 2nd respondent, the Secretary of the Grama Panchayat. Based on the same, the petitioner carried out certain constructions and along with the same certain additional constructions were also made. Subsequently, the petitioner submitted an application for regularization of the additional constructions and for lay out approval. 2. While processing the same, the 3rd respondent issued Ext.P12 notice pointing out certain defects in the application submitted by the petitioner. The petitioner submitted Ext.P13 in response to the same, which is now pending consideration. In the mean time, the 2nd respondent Panchayat initiated proceedings as evidenced by Exts.P14 and P16, by which certain constructions were directed to be removed by the petitioner, stating that the same are unauthorized. According to the petitioner, the question of 2025:KER:27647 WPC.No.12304/25 4 regularization of the construction which is covered by Ext.P16 notice now issued by the Panchayat is pending consideration before the 3rd respondent. Therefore, it was pointed out that, if Ext.P16 is allowed to be proceeded, before the proceedings before the 3rd respondent are finalized, it will cause serious prejudice to them. 3. I have heard Sri.P.Sreekumar, learned Senior Counsel appearing for the petitioner, Sri.C.Harikumar, learned counsel for respondents 1 and 2 and Smt.K.R.Deepa, learned Special Government Pleader for the 3rd respondent. 4. After considering all the relevant aspects and hearing the respective counsels, I find some force in the submission made by the learned Senior Counsel for the petitioner. This is particularly because, the question of regularization of the entire building including the construction which are directed to be removed as per Ext.P16, is now pending before the 3rd respondent. As per Ext.P12, certain defects were noted in the application submitted by the petitioner and in response to the same, Ext.P13 is already 2025:KER:27647 WPC.No.12304/25 5 submitted. Therefore, it is only proper that the 3rd respondent takes a final decision on the same after considering the objections raised by the petitioner as evidenced by Ext.P13. In such circumstances, this writ petition is disposed of directing the 3rd respondent to finalize the question of regularization and layout approval sought by the petitioner after considering Ext.P13 and also after giving the petitioner an opportunity of being heard. The same shall be done within a period of one month from the date of receipt of a copy of this judgment. Until such a decision is taken, the 2nd respondent shall not take any further steps based on Ext.P16. Sd/- ZIYAD RAHMAN A.A. JUDGE DG/1.4.25 2025:KER:27647 WPC.No.12304/25 6 APPENDIX OF WP(C) 12304/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER DATED 17.8.2016 SUBMITTED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE LETTER DATED 24.11.2026 ISSUED BY THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 1ST RESPONDENT PANCHAYATH Exhibit P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT ON THE BASIS OF THE INSPECTION Exhibit P5 A TRUE COPY OF THE ORDER DATED 21.3.2019 ISSUED BY THE 3RD RESPONDENT Exhibit P6 A TRUE COPY OF THE BUILDING PERMIT DATED 19.2.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE FEE REMITTED CHALAN TOWARDS SCRUTINY FEE ON 8.8.2022 Exhibit P8 A TRUE COPY OF THE LETTER DATED 22.10.2022 RECEIVED FROM THE 3RD RESPONDENT Exhibit P9 A TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE 2ND RESPONDENT ON 12.12.2023 Exhibit P10 A TRUE COPY OF THE LETTER DATED 8.11.2024 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P11 A TRUE COPY OF THE LETTER DATED 9.7.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P12 A TRUE COPY OF THE LETTER DATED 26.12.2024 ISSUED BY THE 3RD RESPONDENT 2025:KER:27647 WPC.No.12304/25 7 Exhibit P13 A TRUE COPY OF THE LETTER DATED 18.2.2025 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT ALONG WITH ITS ACKNOWLEDGMENT FROM THE 3RD RESPONDENT’S OFFICE Exhibit P14 A TRUE COPY OF THE NOTICE DATED 30.1.2025 ISSUED BY THE 2ND RESPONDENT Exhibit P15 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO EXHIBIT P15 DATED 17.02.2025 Exhibit P16 A TRUE COPY OF THE ORDER DATED 28.2.2025 ISSUED BY THE 2ND RESPONDENT Exhibit P17 A TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED ON 28.6.2024 Exhibit P18 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE 1ST RESPONDENT DATED 20.03.2024 Exhibit P19 A TRUE COPY OF THE CERTIFICATE OF PERMANENT REGISTRATION ISSUED TO SANDIBHAVAN PALLIATIVE HOSPITAL DATED 30.04.2024 Exhibit P20 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BY THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATIC CHANGE DATE 06.10.2023 Exhibit P21 A TRUE COPY OF THE LETTER DATED 29.12.2021 ADDRESSED TO THE PETITIONER’S HOSPITAL