High Court of KeralaWP(C)/2670/2015disposed of

Bavu v. Secretary, Naduvannur Grama Panchayath

2015-01-28Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 WP(C).No. 2670 of 2015 (G) ------------------------------------------- PETITIONER:

BAVU AGED 59 YEARS, S/O.CHOYI, RESIDING AT ERANGOTTUKANDI HOUSE, NADUVANNUR P.O., KOZHIKODE DISTRICT, KERALA.

BY ADVS.SRI.SANTHARAM.P SMT.REKHA ARAVIND SMT.T.S.REMYA RESPONDENT:

NADUVANNUR GRAMA PANCHAYATH, NADUVANNUR P.O., KOZHIKODE DISTRICT, PIN-673 614 REPRESENTED BY ITS SECRETARY.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN WP(C).No. 2670 of 2015 (G) PETITIONER'S EXHIBITS:

EXT.P1. TRUE COPY OF THE DOCUMENT NO.1208/98 DATED 26/6/1998 OF NADUVANNUR SRO.

EXT.P2. TRUE COPY OF THE ORDER DATED 21/5/2014 BY THE RESPONDENT TO THE PETITIONER EXT.P2(a). TRUE COPY OF THE ENGLISH VERSION OF EXT.P2 EXT.P3. PHOTOGRAPHS OF THE PROPERTY RESPONDENT'S EXHIBITS: NIL.

/TRUE COPY/ P.S. TO JUDGE

Dama Seshadri Naidu, J.

------------------------------------------- W.P.(C)No.2670 of 2015 G -------------------------------------------- Dated this the 28th day of January, 2015

JUDGMENT

In the light of the ratio laid down in Mohammed Abdul Basheer v. State of Kerala (2012 (3) KLT 86), the present writ petition is also disposed of on the same lines applying the ratio laid down by this Court in the said decision, thereby quashing Exhibit P2.

Consequently, the 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, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Dama Seshadri Naidu, Judge tkv