High Court of KeralaWP(C)/2422/2015disposed of

K.Arun v. Ramanattukara Grama Panchayat

2015-01-23Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 WP(C).No. 2422 of 2015 (C) -------------------------------------- PETITIONER(S):

----------------------- K.ARUN, AGED 35 YEARS, S/O.K.P.KARUNAKARA MENON, "KYLAS", RAMANATTUKARA, KOZHIKODE DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER K.P.KARUNAKARA MENON, AGED 66 YEARS, S/O.M.K.K.MENON, "KYLAS", RAMANATTUKARA, KOZHIKODE DISTRICT.

BY ADVS.SRI.P.SAMSUDIN SRI.K.C.ANTONY MATHEW SRI.JITHIN LUKOSE RESPONDENT(S):

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

1. RAMANATTUKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, RAMANATTUKARA, P.O. - 673 633, KOZHIKODE DISTRICT.

2. THE SECRETARY, RAMANATTUKARA GRAMA PANCHAYAT, RAMANATTUKARA P.O. - 673 633, KOZHIKODE DISTRICT.

3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

R3 BY GOVERNMENT PLEADER SMT.SAJEETHA K.G.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 2422 of 2015 (C) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. PHOTOGRAPHS SHOWING THE PRESENT NATURE AND LIE OF THE LAND.

EXHIBIT P2. TRUE COPY OF THE REPORT OF THE PRINCIPAL AGRICULTURAL OFFICER, KOZHIKOD, DATED 22.01.2008 ALNONG WITH ENGLISH TRANSLATION.

EXHIBIT P3. TRUE COPY OF THE PROCEEDINGS DATED 10.03.2014 OF THE 2ND RESPONDENT ALONG WITH TRUE ENGLISH TRANSLATION. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 2422 of 2015 ---------------------------------------- Dated this the 23rd day of January, 2015

JUDGMENT

In the light of the ratio laid down in Revenue Divisional Officer Fort Kochi and others v. Jalaja Dileep and another [2014 (1) KHC 96], 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 and thereby quashing Exhibit P3.

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/-