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High Court of KeralaWP(C)/3233/2015disposed of

Deepa Surendran v. Thrissur Corporation

2015-02-16Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY, THE 16TH DAY OF FEBRUARY 2015/27TH MAGHA, 1936 WP(C).No. 3233 of 2015 (D) --------------------------- PETITIONER:

-------------- DEEPA SURENDRAN, KALAPPURAKKAL HOUSE, VENKIDANGU, THRISSUR.

BY ADVS.SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA SRI.K.D.SREEVISAKH RESPONDENTS:

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

THRISSUR CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR - 680 001.

2.

THE EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THRISSUR CORPORATION, THRISSUR - 680 001.

R1&2 BY ADV. SRI.K.P.VIJAYAN, SC,THRISSUR CORPORATION R1&2 BY ADV. SRI.V.N.HARIDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3233 of 2015 (D) : 2 :

APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 :

TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 15.12.2014 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P2 :

TRUE COPY OF THE ORDER DATED 13.01.2015 ISSUED BY THE 2ND RESPONDENT.

EXT.P2(a) :

TRUE COPY OF THE TRANSLATION OF EXT.P2.

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

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 3233 of 2015 (D) ---------------------------------- Dated this the 16th day of February, 2015.

JUDGMENT

In the light of the ratio laid down in Shahanaz Shukkoor v. Chelannur Grama Panchayath (2009 KHC 4499), this Court disposes of the writ petition on the same lines applying the ratio laid down by this Court in the said decision, thereby setting aside Ext.P2.

Consequently, the 1st respondent is 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-