High Court of KeralaWP(C)/6208/2015disposed of

Siji Joseph v. Mala Gramapanchayath

2015-02-26Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 WP(C).No. 6208 of 2015 (A) ------------------------------------------ PETITIONER:

SIJI JOSEPH, AGED 39 YEARS. W/O ANTONY.P.D., PAREKKAT HOUSE, MALAPALLIPPURAM, MALA, THRISSUR DISTRICT.

BY ADV. SRI.M.H.HANIL KUMAR RESPONDENTS:

1. MALA GRAMAPANCHAYATH, MALA, THRISSUR DISTRICT - 680 732 REP. BY ITS SECRETARY.

2. THE SECRETARY, MALA GRAMAPANCHAYATH, MALA, THRISSUR DISTRICT - 680 732.

BY SRI.P.K.SAJEEV THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN WPC 6208/2015 PETITIONER'S EXHIBITS:

EXT. P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 27.12.2014 ISSUED BY THE VILLAGE OFFICER, VADAMA EXT. P2 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PROPERTY OF THE PETITIONER AND ITS SURROUNDINGS EXT. P3 TRUE COPY OF THE APPLICATION FOR PERMIT DATED 5.1.2015 GIVEN BY THE PETITIONER BEFORE THE FIRST RESPONDENT EXT. P4 TRUE COPY OF THE LETTER DATED 12.1.2015 ISSUED BY THE SECOND RESPONDENT EXT. P5 TRUE COPY OF THE ENGLISH TRANSLATION OF EXT. P4 EXT. P6 TRUE COPY OF THE JUDGMENT REPRTED IN 2012 (3) KHC 489 /TRUE COPY/ P.S. TO JUDGE

Dama Seshadri Naidu, J.

------------------------------------------- W.P.(C)No.6208 of 2015 A -------------------------------------------- Dated this the 26th day of February, 2015

JUDGMENT

In the light of the ratio laid down in Mohammed Abdul Basheer C.P. v. State of Kerala and another (2012 (3) KHC 489), 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 P4.

Consequently, the second respondent is directed to consider Exhibit P3 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