SIJU P. S. Vs. NEDUMKANDAM GRAMA PANCHAYATH

JUDGEMENT

(1.) W.P.(C)No.9934/2025 is filed to direct the 2nd respondent to consider Ext.P11 partial completion certificate and issue occupancy certificate in accordance with the provisions of the Kerala Panchayath Raj Act, 1994 and the Kerala Panchayath Building Rule, 2019, without delay. W.P. (C)No.17471/2024 is filed to direct the respondents 3 and 4 to take immediate steps against the unauthorised construction being carried out by the 5th respondent (petitioner in W.P(C)No.9934/2025) despite Ext.P7 stop memo. As the dispute and the parties in the writ petitions are the same, the writ petitions are consolidated, jointly heard and disposed of by this common judgment. The parties are referred to as per the status of the parties in W.P(C)No.9934/2025, which is treated as a leading case.

(2.) The petitioner in W.P.(C)No.9934/2025 is the owner in possession of 117 m2 land comprised in Survey No.145/2-18 of the Parathode Village, Udumbanchola Taluk , Idukki District. He had obtained a building permit for the construction of a two storied building in his property. After the completion of the construction of the first floor, he had submitted a partial completion certificate with application for obtaining occupancy certificate. However, the same has not been considered till date, due to the pendency of W.P(C)No.17471/2024 filed by the 7th respondent, to direct the respondents 1 and 2, to restrain the petitioner from carrying on with the unauthorised construction.

(3.) When the writ petitions came up for consideration on 20/3/2025, this Court directed the 2nd respondent to consider Ext.P11 application submitted by the petitioner and take a decision within one month from the date of order, after hearing the petitioner and the 7th respondent