High Court of KeralaWP(C)/12115/2015disposed of

M.Bhaktha Valsalan v. The Palakkad Muncipality

2015-04-10Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12115 of 2015 (L) ------------------------------------ PETITIONER : - ---------------------- M.BHAKTHA VALSALAN, RESIDING AT KANOOR VEEDU, CHERAMANGALAM, PALAKKAD - 678 703, REP. BY HIS PA HOLDER M. JANARDHANAN, S/o P. GOPALAN NAIR, AGED 62 YEARS, RESIDING AT MUNOORKODE VEEDU, THACHAMKADU P.O., MATHUR, PALAKKAD - 678 571.

BY ADVS.SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENTS : - ---------------------------

1. THE PALAKKAD MUNCIPALITY, REPREENTED BY ITS SECRETARY, PALAKKAD - 678 001.

2. THE TOWN PLANNER, PALAKKAD - 678 001.

R2 BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA R1 BY SRI.T.C.SURESH MENON, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12115 of 2015 (L) ------------------------------------ APPENDIX PETITIONER'S EXHIBITS :

EXHIBIT P1 : TRUE COPY OF THE BASIC TAX RECEIPT DATED 30.04.2013 AND TRANSLATION.

EXHIBIT P2 : TRUE COPY OF THE POSSESSION CERTIFICATE DATED 14.8.2013. EXHIBIT P3 : TRUE COPY OF THE ORDER OF REJECTION OF BUILDING PERMIT DATED 12.1.2015 WITH ENCLOSURE LETTER.

EXHIBIT P4 : TRUE COPY OF THE JUDGMENT IN W.P. No. 30426 OF 2014 DATED 03.12.2014.

RESPONDENTS' EXHIBITS : NIL.

// TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 12115 of 2015 ---------------------------------------- Dated this the 10th day of April, 2015

JUDGMENT

In the light of the ratio laid down in the judgment dated 03.12.2014 in W.P. (C) No. 30426/2014, the present writ petition is also disposed of on the same lines applying the ratio laid down by the learned single Judge in the said decision, thereby quashing Exhibit P3.

Consequently, the first 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 one month from the date of receipt of a copy of this judgment. DAMA SESHADRI NAIDU JUDGE DMR/-