Stanley Rapheal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 11TH DAY OF FEBRUARY 2015/22ND MAGHA, 1936 WP(C).No. 3678 of 2015 (H) ------------------------------------------ PETITIONERS:

1. STANLEY RAPHEAL, AGED 36, S/O RAPHEAL, PALLISSERY, THRISSUR - 680 026.

2. DHANYA STANLEY, AGED 33, W/O STANLEY, PALLISSERY, THRISSUR - 680 026.

BY ADV. SRI.K.DILIP RESPONDENTS:

1. STATE OF KERALA REP.BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE PARALAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, PO AMMADAM, THRISSUR - 680 001.

R1 BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN WP(C).No. 3678 of 2015 (H) PETITIONER'S EXHIBITS:

EXT.P1: A TRUE COPY OF THE COMMUNICATION OF THE SECOND RESPONDENT DATED 12.12.2014 WITH TRANSLATION EXT.P2: A TRUE COPY OF THE DECISION OF THIS HON'BLE COURT DATED 21.5.2014 IN W.P.(C) NO. 31296 OF 2014 RESPONDENT'S EXHIBITS: NIL.

/TRUE COPY/ P.S. TO JUDGE

Dama Seshadri Naidu, J.

------------------------------------------- W.P.(C)No.3678 of 2015 H -------------------------------------------- Dated this the 11th day of February, 2015

JUDGMENT

In the light of the ratio laid down in W.P.(C)No. 31296/2014, 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 P1. 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 pass appropriate orders thereon, 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