2025:KER:16463 W.P.(C). No.24776 of 2021 : 1 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 27TH DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946 WP(C) NO. 24776 OF 2021 PETITIONER: JOJO GEORGE, AGED 62 YEARS S/O.GEORGE VAKEY, PANTHALLOOR HOUSE, I.E.NAGAR P.O., CHANGANASSERY, KOTTAYAM-686106. BY ADVS. LIJI.J.VADAKEDOM REXY ELIZABETH THOMAS TOM E. JACOB ARYA JOSEPH RESPONDENTS: 1 VAZHAPPALLY GRAMA PANCHAYAT, REP.BY ITS SECRETARY, OFFICE OF THE VAZHAPPALLY GRAMA PANCHAYAT, KURISUMMODU P.O., CHANGANASSERY -686104 2 THE SECRETARY, VAZHAPPALLY GRAMA PANCHAYAT, OFFICE OF THE VAZHAPPALLY GRAMA PANCHAYAT, KURISUMMODU P.O., CHANGANASSERY-686104. 3 TAHSILDAR, TALUK OFFICE, CHANGANASSERY-686101. 4 DISTRICT SURVEY SUPERINTENDENT, COLLECTORATE, CIVIL STATION, KOTTAYAM-686002. 2025:KER:16463 W.P.(C). No.24776 of 2021 : 2 : 5 SUNNY ZACHARIAS, AGED 76 YEARS S/O. K.C.ZACHARIAH, KANDATHILPARAMPIL, KURISUMOODU P.O., CHANGANACHERRY, KOTTAYAM-686104. BY ADVS. MILLU DANDAPANI (FOR R1 & R2) P.J.JOE PAUL MANU SRINATH A.R.DILEEP GEORGE VARGHESE(PERUMPALLIKUTTIYIL) OTHER PRESENT: GP - RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:16463 W.P.(C). No.24776 of 2021 : 3 : VIJU ABRAHAM, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.24776 of 2021 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of February, 2025 JUDGMENT The petitioner has approached this Court challenging Ext.P10 notice whereby proceedings were initiated to cancel Ext.P8 building permit granted to the petitioner. The reason stated in Ext.P10 is that the petitioner has not disclosed the details of the writ petition filed before this Court as W.P.(C) No.13942 of 2018 and further that there is a complaint alleging that the building was constructed in the Puramboke land. 2. The learned counsel for the respondent Panchayat upon instructions would submit that a report has been submitted by the Village Officer concerned before the respondent Panchayat that the building is not constructed in the Puramboke land. 3. As regards the nondisclosure of the filing of the writ petition is concerned, this is case in which this Court has issued a direction to the respondent Panchayat to consider the building permit application submitted by the petitioner and in the said writ 2025:KER:16463 W.P.(C). No.24776 of 2021 : 4 : petition, the Panchayat is a party and therefore, that cannot be a reason for issuing Ext.P10. Accordingly, Ext. P10 is set aside. The writ petition is disposed of as above. Sd/- VIJU ABRAHAM JUDGE sm/ 2025:KER:16463 W.P.(C). No.24776 of 2021 : 5 : APPENDIX OF WP(C) 24776/2021 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE SETTLEMENT DEED NO.2126/1993 OF THE SRO, CHANGANACHERRY Exhibit P2 THE COPY OF THE TAX RECEIPT DATED 11.8.2021 ISSUED BY THE VILLAGE OFFICE,R CHETHIPUZHA SHOWING REMITTANCE OF TAX IN THE NAME OF THE PETITIONER Exhibit P3 THE COPY OF THE POSSESSION CERTIFICATE DATED 24.2.2021 ISSUED BY THE VILLAGE OFFICER, CHETHIPUZHA Exhibit P4 THE COPY OF THE REPORT DATED 7.3.2018 SUBMITTED BY THE TALUK SURVEYOR, CHANGANACHERRY TO THE TAHSILDAR, CHANGANACHERRY. Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 15.11.2018 IN WP(C) 13942/2018 BEFORE THIS HONOURABLE COURT. Exhibit P6 THE COPY OF THE LETTER DATED 13.11.2018 SUBMITTED BY THE PRESIDENT OF THE 1ST RESPONDENT -PANCHAYATH TO THE VILLAGE OFFICER, CHETHIPUZHA Exhibit P7 THE COPY OF THE REPORT DATED 29.7.2019 AND SKETCH SUBMITTED BY DISTRICT SURVEY SUPERINTENDENT Exhibit P8 THE COPY OF THE GENERAL BUILDING PERMIT NO.(A3-BA (133959)/2021) DATED 29.6.2021 ISSUED BY THE 1ST RESPONDENT-PANCHAYAT 2025:KER:16463 W.P.(C). No.24776 of 2021 : 6 : Exhibit P9 A COPY OF THE BTR PRODUCED BY THE 5TH RESPONDENT AS EXHIBIT P4 IN WPC 33890/19 PENDING BEFORE THIS HONOURABLE COURT Exhibit P9(A) A COPY OF THE CERTIFICATE PRODUCED BY THE 5TH RESPONDENT AS EXHIBIT P2 IN WPC 33890/19 PENDING BEFORE THIS HONOURABLE COURT. Exhibit P9(B) A COPY OF THE CERTIFICATE PRODUCED BY THE 5TH RESPONDENT AS EXHIBIT P3(2) IN WPC 33890/19 PENDING BEFORE THIS HONOURABLE COURT. Exhibit P10 THE COPY OF THE SHOW CAUSE NOTICE DATED 3.9.2021 Exhibit P10(A) A COPY OF THE PETITION DATED 2/9/2021 FILED BY THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT Exhibit P11 THE COPY OF THE REPLY DATED 6.9.2021 SUBMITTED BY THE PETITIONER