High Court of KeralaWP(C)/16890/2015disposed of

Abdul Razak v. The State Of Kerala

2015-09-08Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 WP(C).No. 16890 of 2015 (I) ------------------------------------- PETITIONER:

-------------------------- ABDUL RAZAK, AGED 61 YEARS S/O.MUHAMMED HAJI, PERUMPADAPPIL HOUSE NEDUMANGAD AMSOM DESOM, MALAPPURAM DISTRICT PIN 676 508 BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENTS:

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1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN 695 001

2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPRUAM, PIN-695 001

3. THE REVENUE DIVISION OFFICER, TIRUR, PIN 676 101

4. THE VILLAGE OFFICER, NEDUVA VILLAGE, TIRUR TALUK, MALAPPURAM DIUSTRICT PIN-676 505

5. PARAPPANANAGDI GRAMA PANCHAYATH, POST PARAPPANANGADI, MALAPPURAM DISTRICT PIN-676 303, REPRESENTED BY ITS SECRETARY R1 TO R4 BY SR. GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN R5 BY ADV. SRI.JAMSHEED HAFIZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.

16890 of 2015 (I) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 THE TRUE COPY OF THE POSSESSION CERTIFICATE NO 10924230 ISSUED BY NEDUVA VILLAGE OFFICE DATED 20-03-2015 EXHIBIT P1(a) THE TRUE COPY OF THE POSSESSION CERTIFICATE NO 10916373 ISSUED BY NEDUVA VILLAGE OFFICE DATED 20-03-2015 EXHIBIT P1(b) THE TRUE COPY OF THE POSSESSION CERTIFICATE NO 10913310 ISSUED BY NEDUVA VILLAGE OFFICE DATED 20-03-2015 EXHIBIT P2 THE TRUE COPY OF THE ORDER ISSUED BY THE 5TH RESPONDENT GRAMA PANCHAYATH DATED 25-05-2015 EXHIBIT P3 THE TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY OF THE PETITIONER EXHIBIT P4 & P4(a) THE TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 11-06-2002 EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 10-06-2003 OF THE 2ND RESPONDENT EXHIBIT P6 THE TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 14-12-1987 EXHIBIT P7 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 16-07-2012 RESPONDENT(S)' EXHIBITS::-NIL --------------------------------------- /TRUE COPY/ P.

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 16890 OF 2015 ---------------------------------------- Dated this the 8th day of September, 2015

JUDGMENT

Ext. P2 order declining building permit is impugned mainly on the ground that it was not preceded by a local inspection. The petitioner points out that all the surrounding lands have been converted as garden land and buildings constructed.

I quash Ext. P2 order and direct the fifth respondent Panchayath to reconsider the application for building permit put in by the petitioner. The same shall be done after a local inspection taking note of the attendant circumstances dehors the entry made in the Data Bank.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS