High Court of KeralaWP(C)/13524/2014disposed of

P. Ali v. The Secretary

2015-01-21Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WP(C).No. 13524 of 2014 (M) ----------------------------------------- PETITIONERS:

-------------------- P. ALI S/O KUNHEEDU HAJI, TANALUR PO, TIRUR MALAPPURAM DISTRICT.

BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT:

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

1. THE SECRETARY TIRUR MUNICIPALITY, TIRUR PO,-676 101, MALAPPURAM DISTRICT.

2. THE MUNICIPAL ENGINEER, TIRUR MUNICIPALITY, TIRUR PO- 676 101, MALAPPURAM DISTRICT.

BY ADVS. SRI.P.K.VIJAYAMOHANAN SRI.ALAN PAPALI SRI.NISHIL.P.S.

SMT.O.V.BINDU SRI.J.VIMAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 13524 of 2014 (M) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 :

TRUE COPY OF THE GIFT DEED DATED 11.06.2013 FROM THE PETITIONERS FATHER TO THE PETITIONER EXHIBIT P2 : TRUE COPY OF THE BASIC TAX RECEIPT DATED 25.07.2013 ISSUED BY VILLAGE OFFICER, TRIKKANDIYOOR TO THE PETITIONER EXHIBIT P3 : TRUE COPY OF THE NOTICE DATED 30.09.2013 OF THE 2ND RESPONDENT EXHIBIT P4 : TRUE COPY OF BUILDING PLAN SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT EXHIBIT P5 : TRUE COPY OF THE LETTER NO.BA.NO.456/13 DATED 20.02.2014 OF THE 2ND RESPONDENT TO THE PETITIONER RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 13524 of 2014 ---------------------------------------- Dated this the 21st day of January, 2015

JUDGMENT

In the light of the ratio laid down in Nasar P.K. v. Malappuram Municipality [2009 (3) KLT 92], Saidu P. v State of Kerala (2010 KHC 974) and SMA Restaurant Services Pvt Ltd. v. State of Kerala [2013 (1) KHC 252], the present writ petition is also disposed of on the same lines, applying the ratio laid down by the learned single Bench in the said decisions, thereby quashing Exhibit P5.

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 six weeks from the date of receipt of a copy of this judgment. DAMA SESHADRI NAIDU JUDGE DMR/-