High Court of KeralaWP(C)/131/2015disposed of

Amina v. Keezattur Grama Panchayat

2015-01-29Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 WP(C).No. 131 of 2015 (N) -------------------------- PETITIONER :

--------------------- AMINA D/O.KUNHIMUHAMMED HAJI, CHERUKAPPALLI HOUSE THANCHINGANADAM P.O., MALAPPURAM DISTRICT PIN-679 325.

BY ADVS.SRI.K.M.SATHYANATHA MENON SMT.KAVERY S. THAMPI RESPONDENT(S) :

----------------------------

1. KEEZHATTUR GRAMA PANCHAYAT P.O.POONTHAVANAM, MALAPPURAM DISTRICT, PIN-679 325 REPRESENTED BY ITS SECRETARY.

2. THE SECRETARY KEEZHATTUR GRAMA PANCHAYAT, P.O. POONTHAVANAM MALAPPURAM DISTRICT, PIN-679 325.

R1 & R2 BY ADVS. SRI.P.SAMSUDIN SRI.K.C.ANTONY MATHEW SRI.JITHIN LUKOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

WP(C).No. 131 of 2015 (N) ------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE NEMMINI OFFICE ALONG WITH ENGLISH TRANSLATION. EXT. P2TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER ISSUED BY THE SOCIAL WELFARE DEPARTMENT.

EXT. P3TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT INCLUDING FOR ISSUING NO OBJECTION CERTIFICATE FOR AVAILING ELECTRICITY CONNECTION SUBMITTED BY THE PETITIONER BEFORE THE PANCHAYAT ALONG WITH ENGLISH TRANSLATION. EXT. P3(a)- TRUE COPY OF THE RECEIPT NO.597 DATED 4.2.2014 GIVEN BY THE RESPONDENT PANCHAYAT.

EXT. P4TRUE COPY OF THE ORDER DATED 26.9.2014 ISSUED BY THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION.

EXT. P5PHOTOGRAPHS SHOWING THE EXACT LIE OF THE PROPERTY OF THE PETITIONER.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 131 of 2015 ---------------------------------------- Dated this the 29th day of January, 2015

JUDGMENT

In the light of the ratio laid down in Praveen v. Land Revenue Commissioner [2010 (2) KLT 617], the present writ petition is also disposed of on the same lines, applying the ratio laid down by the learned Division Bench in the said decision, thereby quashing Exhibit P4.

Consequently, the second respondent is directed to consider the application of the petitioner for building permission afresh, if necessary, by referring the matter to the District Town Planner, and thereafter pass appropriate orders thereon, as expeditiously as possible, at any rate within a period of six weeks from the date of receipt of a copy of this judgment.

DAMA SESHADRI NAIDU JUDGE DMR/-