High Court of KeralaWP(C)/3648/2015disposed of

Purnima V. Desai v. The State Of Kerala

2015-02-05Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 WP(C).No. 3648 of 2015 (E) -------------------------------------- PETITIONER(S):

---------------------- PURNIMA V. DESAI, AGED 57 YEARS W/O.V.R.DESAI, 31/1772Q, DD VILLAGE MAY 1ST ROAD, THAMMANAM, ERNAKULAM.

BY ADV. SRI.GOKUL DAS V.V.H.

RESPONDENTS:-:

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

1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE THRIKKAKARA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, THRIKKAKARA - 682 030 ERNAKULAM.

3. THE SECRETARY, THRIKKAKARA MUNICIPALITY, THRIKKAKARA - 682 030 ERNAKULAM.

R1 BY GOVERNMENT PLEADER SMT.C.K.SHERIN R2,3 BY SRI.S.SHANAVAS KHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3648 of 2015 (E) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

TRUE COPY OF THE SALE DEED NO.2400/2014 DATED 16.07.2014 OF SRO, THRIKKAKARA.

EXHIBIT P2.

TRUE COPY OF THE POSSESSION CERTIFICATE DATED 01.09.2014 ISSUED BY THE VILLAGE OFFICER, KAKKANAD.

EXHIBIT P3.

TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

EXHIBIT P4.

TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S PROPERTY.

EXHIBIT P5 TO 5(B). TRUE COPIES OF PHOTOGRAPHS OF SURROUDING AREAS OF THE PETITIONER'S PROPERTY.

EXHIBIT P6.

TRUE COPY OF THE NOTICE DATED 05.11.2014 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P7.

TRUE COPY OF THE JUDGMENT DATED 21.10.2014 IN W.P.(C)NO.25371 OF 2014 OF THIS HON'BLE COURT.

EXHIBIT P8.

TRUE COPY OF THE JUDGMENT DATED 24.11.2014 IN W.P.(C)NO.28985 OF 2014 OF THIS HON'BLE COURT.

EXHIBIT P9.

TRUE COPY OF THE JUDGMENT DATED 30.10.2014 IN W.P.(C)NO.12868 OF 2014 OF THIS HON'BLE COURT.

EXHIBIT P10. TRUE COPY OF THE JUDGMENT DATED 22.09.2014 IN W.P.(C)NO.22153 OF 2014 OF THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 3648 of 2015 ---------------------------------------- Dated this the 05th day of February, 2015

JUDGMENT

In the light of the ratio laid down in Raju S. Jethmalani and Others v. State of Maharashtra and others [2005 (11) SCC 222], 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 P6. Consequently, the third 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/-