Dr.Alikoya v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 WP(C).No. 1929 of 2015 (M) --------------------------- PETITIONER:

-------------------------- DR.ALIKOYA, AGED 66 YEARS, S/O. MOOSAKOYA, AHLAN, KALOOR ROAD, MANKAVU, KOZHIKODE, NOW RESIDING AT ZEREENE, EDAPPALLY P.O., KANAYANNUR, ERNAKULAM DISTRICT.

BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENTS:

----------------- 1.

THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2.

THE KOZHIKODE CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, KOZHIKODE - 673 001.

3.

THE SECRETARY, KOZHIKODE CORPORATION, CORPORATION OFFICE, KOZHIKODE - 673 001.

R2-R3 BY ADV. SRI.P.V.SURENDRANATH,SC,KOZHIKODE CORPORATION R BY SRI. SANJEETHA K.A., GOVERNMENT PLEADER R BY SRI.K.D.BABU,SC,KOZHIKODE CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1929 of 2015 (M) : 2 :

APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 :

TRUE COPIES OF PHOTOGRAPHS REVEALING THE NATURE OF PETITIONER'S PROPERTY AND NEIGHBOURING PROPERTIES.

EXT.P2 :

TRUE COPY OF THE ORDER DATED 16.12.2014 OF THE THIRD RESPONDENT.

RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rv

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 1929 of 2015 (M) ---------------------------------- Dated this the 20th day of January, 2015.

JUDGMENT

In the light of the ratio laid down in Praveen v. Land Revenue Commissioner (2010 (2) KLT 617), this Court disposes of the writ petition on the same lines applying the ratio laid down by the learned Division Bench in the said decision, thereby setting aside Ext.P2.

Consequently, respondents 2 and 3 are directed to consider the petitioner's application for building permission afresh, if necessary, by referring the matter to the District Town Planner, after subjecting the land in question to physical verification, and thereafter pass appropriate orders thereon, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. sd/- DAMA SESHADRI NAIDU, JUDGE.

rv

W.P.(C) No.19225/2014 -2-