High Court of KeralaWP(C)/19225/2014disposed of

Vasudevan Namboothiri v. Ulliyteri Grama Panchayath

2015-01-09Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 WP(C).No. 19225 of 2014 (C) ---------------------------- PETITIONER:

-------------- VASUDEVAN NAMBOOTHIRI, AGED 46 YEARS, S/O.VISHNU NAMBOOTHIRI, 'PRANAVAM HOUSE', ULLIYERI P.O., KOYILANDY (VIA), PIN-673 620.

BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.T.K.SANDEEP SRI.ARJUN SREEDHAR SRI.ARUN KRISHNA DHAN RESPONDENTS:

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1. THE SECRETARY, ULLIYTERI GRAMA PANCHAYATH, KOYILANDY, KOZHIKODE DISTRICT, PIN-673 620.

2. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE DISTRICT, PIN-673 582.

3. THE DISTRICT COLLECTOR, CIVIL STATION, KOZHIKODE DISTRICT, PIN-673 582. R1 BY ADV. SRI.P.R.SREEJITH R1 BY ADV. SRI.M.PROMODH KUMAR R BY SRI. G. GOPAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19225 of 2014 (C) ---------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- P1: COPY OF THE SALE DEED NO.1712/2004 DATED 16.08.2004. P1(A): COPY OF THE SALE DEED NO.2832/2004 DATED 29.12.2004. P2: COPY OF THE BUILDING PERMIT NO.68/08-09 DATED 31.05.2008 AND ITS RELEVANT PAGES ALONG WITH THE APPROVED PLAN.

P3: COPY OF THE RELEVANT PAGES OF THE APPLICATION WITH SITE PLAN ISSUED BY SECRETARY, ULLIYERI GRAMA PANCHAYATH, KOZHIKODE DISTRICT. P4: COPY OF THE ORDER DENYING THE APPLICATION FOR BUILDING PERMIT DATED 28.12.2013.

P5: COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 01.07.2014.

RESPONDENTS' EXHIBITS : NIL ----------------------------- /True Copy/ P.A to Judge.

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 19225 of 2014 ---------------------------------- Dated this the 9th day of January, 2015.

JUDGMENT

In the light of the ratio laid down in Gopalakrishnan v. State of Kerala (2011 (3) KLT 317), this Court disposes of the writ petition on the same lines applying the ratio laid down by the learned Division Bench in the said decision, thereby setting aside Ext.P4.

Consequently, the 1st respondent is directed to consider the petitioner's application for building permission afresh, if necessary, by referring the matter to the District Town Planner, after subjecting the land in question to physical verification, and thereafter pass appropriate orders thereon, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. sd/- DAMA SESHADRI NAIDU, JUDGE.

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