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High Court of KeralaWP(C)/14850/2015disposed of

Usman v. Elavally Grama Panchayath

2015-09-15Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 WP(C).No. 14850 of 2015 (E) ---------------------------- PETITIONER(S):

-------------------------- USMAN AGED 42 YEARS S/O.MUHAMMAD, EARACHAM VEETTIL HOUSE KAKKASSERI POST - 680 511, CHAVAKKAD TALUK.

BY ADVS.SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENT(S):

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

1. ELAVALLY GRAMA PANCHAYATH CHITTATTUKARA POST, THRISSUR DISTRICT REPRESENTED BY ITS SECRETARY680 511.

2. SECRETARY, THE ELAVALLY GRAMA PANCHAYATH, CHITTATTUKARA POST THRISSUR DISTRICT - 680 511.

R1,R2 BY ADV. SRI.SANTHOSH P.PODUVAL BY ADV. SMT.R.RAJITHA BY ADV. SMT.VINAYA V.NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14850 of 2015 (E) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1: PHOTOGRAPHS SHOWING THE PROPERTY OF THE PETITIONER IS PUCCA DRY LAND WITH COCONUT TREES HAVING AN AGE OF MORE THAN 25 YEARS P1(A):PHOTOGRAPHS SHOWING THE PROPERTY OF THE PETITIONER IS PUCCA DRY LAND WITH COCONUT TREES HAVING AN AGE OF MORE THAN 25 YEARS P2: A TRUE COPY OF THE INTIMATION ISSUED BY THE 2ND RESPONDENT DATED 30/3/2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY SKS P.A TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 14850 OF 2015 --------------------------------------- Dated this the 15th day of September, 2015

JUDGMENT

Ext.P2 order declining permission to construct an auditorium was not preceded by a local inspection as warranted by law. The petitioner asserts that there was a hollow bricks unit functioning in the property for the past several years.

2.

The mere fact that the property has been described as 'nancha' in the possession certificate is not a reason to decline permission. I quash Ext.P2 order to enable the second respondent to pass orders after hearing the petitioner. The needful shall be done within a period of one month from the date of receipt of a copy of this judgment.

The writ petition is disposed of accordingly. V.CHITAMBARESH, JUDGE sks