High Court of KeralaWP(C)/17704/2014disposed of

Rajeesh v. Secretary, (Special Grade)

2015-09-07Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 WP(C).No. 17704 of 2014 (K) ---------------------------- PETITIONER:

------------------ RAJEESH, S/O.RAVEENDRAN, AMBIKA NIVAS, C/O.SUNIL KUMAR, MAKKADA TAPAL, SREEDHARA, KUNNATHUPARAMBA, KOZHIKODE-673 611.

BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS:

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

1. SECRETARY (SPECIAL GRADE), KAKKODI GRAMA PANCHAYATH, KAKKODI, KOZHIKODE PIN-673611.

2. KAKKODI GRAMA PANCHAYATH, KAKKODI, KOZHIKODE REPRESENTED BY ITS SECRETARY PIN 673 611.

3. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

R1-R2 BY ADV. SRI.P.V.KUNHIKRISHNAN BY SENIOR GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17704 of 2014 (K) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 COPY OF THE ORDER OF THE IST RESPONDENT DATED 26.2.2007 EXT.P2 COPY OF THE APPLICATION FILED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT BEFORE PANCHAYATH DATED 21.4.2012 EXT.P3 COPY OF THE REPLYAND ACCOMPANIED DOCUMENTS SENT BY THE IST RESPONDENT TO THE PETITIONER EXT.P4 COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT DATED 31.1.2007.

RESPONDENT(S)' EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE CERTIFICATE DATED NIL ISSUED BY THE ADDITIONAL TAHSILDAR, KOZHIKODE /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 17704 OF 2014 ------------------------------------ Dated this the 7th day of September, 2015

JUDGMENT

The mere proposal to initiate land acquisition proceedings is no ground to decline the building permit. It has been so held in several decisions including in Muhammed Subair Vs Corporation of Kozhikode [2015 (2) KLT 757]. Therefore any application made by the petitioner for building permit shall be dealt with in accordance with law. Such application shall be considered within a period of one month from the date of its receipt.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd