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2025 DAILYLAW 8312 (KER)

KRISHNANKUTTY, v. PIRAYIRI GRAMA PANCHAYAT,

WP(C)/41326/2023 · 2025-04-07

Harisankar V Menon

Writ Petition (Civil)body2025

Judgment text

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2025:KER:31028 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 41326 OF 2023 PETITIONER: KRISHNANKUTTY, AGED 63 YEARS, S/O. CHAMI, RESIDING AT PANTHAMPADAM HOUSE, 5TH MILE, EDATHARA, PALAKKAD DISTRICT, PIN – 678611. BY ADVS. P.R.VENKATESH LAKSHMI MEENAKSHI P.R. RESPONDENTS: 1 PIRAYIRI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KODUNTHIRAPPALLY P.O., PALAKKAD DISTRICT, PIN – 678004. 2 SECRETARY, PIRAYIRI GRAMA PANCHAYAT, KODUNTHIRAPPALLY P.O., PALAKKAD DISTRICT, PIN – 678004. BY ADVS. SURAJ S V.A.RAZACK(K/69/2006) NIDHI BALACHANDRAN(K/307/1999) E.G.GORDEN, SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.41326 of 2023 2 2025:KER:31028 JUDGMENT The petitioner states that he constructed a residential/commercial building after obtaining the required permit from the Panchayat and upon completion of the construction/door numbers were also allotted with respect to 15 doors numbers in the constructed building. The petitioner states that he was satisfying tax with respect to the 15 door numbers, as evidenced by Ext.P5 series. However, on the basis of a complaint filed by a 3rd party, the door numbers stood cancelled even without a show cause notice, by the Secretary of the Panchayat. The petitioner further states that the Government through Ext.P9 found that the action taken by the Secretary of the Panchayat in canceling the building numbers, without a show cause notice amounts to violation of the principles of natural justice. On the basis of the findings in Ext.P9, the petitioner has filed the captioned writ petition, seeking for a direction to the respondent herein to restore the 15 building numbers to the petitioners building and also for a further direction to accept the tax from the petitioner as regards the buildings in W.P.(C)No.41326 of 2023 3 2025:KER:31028 question. 2. I have heard Sri.P.R.Venkatesh, the learned counsel for the petitioner, the learned counsel for the 1st respondent Panchayat as well as Sri.E.G.Gorden, the learned senior Government Pleader. 3. The fact that Ext.P9 has been issued by the Government, which would have a bearing with respect to the building numbers allotted to the petitioner, is not in dispute. 4. This Court, on the face of the afore, is of the opinion that, if at all the Panchayat has a case that steps are to be taken against the petitioner, that can be only done after issuing an appropriate show cause notice with reference to the alleged violations, if any, in the matter. With reference to this, this Court further notice that the Panchayat has already issued Ext.P13 show cause notice dated 14.09.2022, informing about a couple of alleged defects with reference to the buildings numbers in question. On the whole, I am of the opinion that this writ petition can be disposed of as under:- i. The respondent Panchayat to restore the W.P.(C)No.41326 of 2023 4 2025:KER:31028 building numbers for the petitioner’s building, in tune with the findings contained in Ext.P9 Government Order, as expeditiously as possible, at any rate, within a period of four weeks from today. ii. The respondent Panchayat will be entitled to issue an appropriate notice to the petitioner or to proceed in tune with the notice already issued in Ext.P13. iii. The petitioner to be informed of the decision to be taken by the petitioner as above, as expeditiously as possible, at any rate, within a period of eight weeks from today. Sd/- HARISANKAR V. MENON JUDGE ANA W.P.(C)No.41326 of 2023 5 2025:KER:31028 APPENDIX OF WP(C) 41326/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BUILDING PERMIT DATED 22.11.2014 ISSUED BY THE RESPONDENTS Exhibit P2 TRUE COPY OF THE REVISED PLAN APPROVED BY THE PIRAYIRI GRAMA PANCHAYAT Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 15.6.2023 Exhibit P4 TRUE COPY OF TAX RECEIPT DATED 12.4.2019 Exhibit P5 TRUE COPY OF THE TAX RECEIPT DATED 8.9.2017 Exhibit P6 TRUE COPY OF THE TAX RECEIPT DATED 12.8.2018 Exhibit P7 TRUE COPY OF THE TAX RECEIPT DATED 15.7.2019 Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 29.12.2015 OF BINU V. NAIR Exhibit P9 TRUE COPY OF THE ORDER OF GOVERNMENT DATED 11.7.2022 Exhibit P10 TRUE COPY OF OWNERSHIP CERTIFICATE DATED 8.9.2017 ISSUED TO THE PETITIONER FOR THE BUILDING NO. 10/9002 FOR THE ASSESSMENT YEAR 2017-18 Exhibit P11 TRUE COPY OF NOTICE DATED 14.4.2022 Exhibit P12 TRUE COPY OF THE REQUEST DATED 1.6.2017 Exhibit P13 TRUE COPY OF NOTICE DATED 14.9.2022