High Court of KeralaWP(C)/18032/2014disposed of

P.G.Jayaprakash v. The Palakkad Municipality

2015-01-08Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 18032 of 2014 (D) ---------------------------- PETITIONER :

---------------------- P.G.JAYAPRAKASH, S/O.L.GOPALAKRISHNAN, AGED 40 YEARS, EZHUTHASSAN HOUSE, PUTHUR, PALAKKAD - 678 001 BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S):

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1. THE PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PALAKKAD - 678 101

2. THE SECRETARY, PALAKKAD MUNICIPALITY, PALAKKAD - 678 101

3. DISTRICT TOWN PLANNER, OFFICE OF THE DISTRICT TOWN PLANNER, PALAKKAD - 678 101.

R1 & R2 BY ADV. SRI.T.C.SURESH MENON SRI.P.S.APPU R3 BY GOVERNMENT PLEADER SRI.THOMAS JOHN AMBOOKKAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 18032 of 2014 (D) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF DOCUMENT NO. 5032/1/2013 OF S.R.O PALAKKAD. P2 - TRUE COPY OF THE POSSESSION CERTIFICATE.

P3 - TRUE COPY OF THE LAND TAX RECEIPT.

P4 - TRUE COPY OF THE LETTER BEARING NO. EJBR/541/13-14/PW5 DT. 27.6.14 ISSUED BY THE SECOND RESPONDENT.

P5 - TRUE COPY OF THE LETTER DT. 27.5.14 ISSUED BY THE THIRD RESPONDENT.

RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 18032 of 2014 ---------------------------------------- Dated this the 08th day of January, 2015

JUDGMENT

In the light of the ratio laid down in Praveen v. Land Revenue Commissioner [2010 (2) KLT 617], the present writ petition is also disposed of on the same lines, applying the ratio laid down by the learned Division Bench in the said decision, thereby quashing Exhibit P4.

Consequently, the second respondent is directed to consider the application of the petitioner for building permission afresh, if necessary, by referring the matter to the third respondent, 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/-