Smt.Alphonsa James v. The Revenue Divisional Officer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 WP(C).No. 13411 of 2015 (B) ---------------------------- PETITIONER:
----------- SMT.ALPHONSA JAMES AGED 59 YEARS PROPRIETOR, KUNDUPARAMBIL METAL PRODUCTS, MANNAMPETTA VARAKKARA P O, TRICHUR DIST-680325 BY ADVS.SRI.T.M.CHANDRAN SRI.S.SUJITH RESPONDENTS:
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1. THE REVENUE DIVISIONAL OFFICER TRICHUR 680003
2. THE GEOLOGIST OFFICE OF THE DISTRICT GEOLOGIST, MINI CIVIL STATION CHEMBUKAVU, TRICHUR 680020
3. THE SECRETARY ALAGAPPANAGAR GARAMA PANCHAYATH, ALAGAPPANAGAR TRICHUR 680302
4. GLADSON S/O.CHOONDAKATTIL DEVASSY, PUDUKKAD MUKUNDAPURAM TALUK, TRICHUR 680301
5. SHAJU S/O.CHOONDAKATTIL DEVASSY, PUDUKKAD MUKUNDAPURAM TALUK, TRICHUR 680301
6. ROBERT S/O.CHOONDAKATTIL DEVASSY, PUDUKKAD MUKUNDAPURAM TALUK, TRICHUR 680301 SRI.RAFEEK.V.K, GOVERNMENT PLEADER R3 BY ADV. SRI.K.S.BHARATHAN R6 BY ADV. SRI.MAHESH V.MENON R5 BY ADV. SRI.K.G.BALASUBRAMANIAN R4 BY ADV. SRI.C.M.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKC
WP(C).No. 13411 of 2015 (B) ---------------------------- APPENDIX PETITIONER'S EXHIBITS --------------------- P1:-TRUE COPY OF THE CERTIFICATE DTD 2/6/2004 ISSUED BY ASST.DISTRICT INDUSRIES OFFICER P2:-TRUE COPY OF THE CONSENT TO OPERATIVE RENEWAL DTD 18/3/2013 ISSUED BY THE KERALA POLLUTION CONTROL BOARD P3:-TRUE COPY OF THE CERTIFICATE DTD 23/4/2015 ISSUED UNDER KERALA VALUE ADDED TAX RULES P4:-TRUE COPY OF THE NO OBJECTION CERTIFICATE DTD 16/4/2015 P5:-TRUE COPY OF THE ROUGH SKETCH OF THE AREA P6:-TRUE COPY OF OBJECTION DTD 24/4/2015 P7:-TRUE COPOY OF ADDITIONAL OBJECTION DT.14.5.2015 3RD RESPONDENT'S EXHIBITS ------------------------- R3(A): COPY OF THE APPLICATION SUBMITTED BY RESPONDENTS 4 TO 6 DT.12.3.15.
6TH RESPONDENT'S EXHIBITS ------------------------- R6(A): COPY OF BASIC TAX RECEIPTS R6(B): COPY OF BASIC TAX RECEIPTS R6(C): COPY OF RESIDENTIAL CERTIFICATE ISSUED BY THE PUDUKKAD GRAMA PANCHAYAT R6(D): PHOTOGRAPH OF THE BUILDING CONSTRUCTED BY R5. R6(E): PHOTOGRAPH OF THE WELL IN THE PROEPRTY OF R6 R6(F): COPY OF DIRECTIONS GIVEN BY VASTHU EXPERT R6(G): COPY OF CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.
RKC TRUE COPY PA TO JUDGE
P.V.ASHA, J.
W.P.(C) No.13411 of 2015 Dated this the 4th day of August, 2015
JUDGMENT
The petitioner is aggrieved by the grant of permit by Panchayat in favour of respondents 4 to 6 for construction of a residential building within 100 meters of his quarry.
2. Respondents have entered appearance through counsel. Respondents 4 to 6 have seriously opposed the prayers of the petitioner. According to them, permission has been granted for construction of residential building, after conducting inspection as per rules.
3. The petitioner has submitted Exts.P6 and P7 objection before the 3rd respondent Panchayat. Panchayat has filed a counter affidavit, in which they have admitted that the objection has been received and it is pending consideration.
4. In the above circumstances, there will be a direction to the 3rd respondent to consider and pass orders on Exts.P6 and P7 objections, after hearing the petitioner, respondents 4 to 6 and other affected parties, if any, within a period of one month from
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the date of receipt of a copy of this judgment. Simultaneously, the petitioner has submitted Ext.P6 objection before the 2nd respondent also. Therefore, there will be a direction to the 2nd respondent also to consider and pass orders on Exts.P6 objection filed by the petitioner, after hearing the petitioner, respondents 4 to 6 and other affected parties, if any, within a period of one month from the date of receipt of a copy of this judgment.
Sd/- P.V.ASHA, JUDGE.
rkc