Jose C.D v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 20686 of 2015 (I) ---------------------------- PETITIONER(S):

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1. JOSE C.D AGED 40 YEARS S/O DEVASSYKUTTY, CHEMBAKASSERY HOUSE, THANISSERY PIN- 680 701, THRISSUR DISTRICT

2. DALY JOSE W/O.JOSE C.D, CHEMBAKASSERY HOUSE, THANISSERY PIN- 680 701, THRISSUR DISTRICT BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.PRATHAP PILLAI SRI.SEBIN THOMAS SMT.J.KASTHURI SRI.VISHNU BHUVANENDRAN RESPONDENT(S):

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

2. THE IRINJALAKUDA MUNICIPALITY REPRESENTED BY ITS SECRETARY, 680 121 R2 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.) R2 BY ADV. SMT.K.V.SHENU R2 BY ADV. SMT.S.AMBILY R2 BY ADV. SRI.ARUN ANTONY R1 BY ADV.ANITHA RAVINDRAN, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1811-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20686 of 2015 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER IRINJALAKUDA EXT.P2: TRUE COPY OF THE LOCATION SKETCH EXT.P3: TRUE COPY OF THE PHOTOGRAPHS OF THE PROPERTY SHOWING THE LAY AND LIE AND THE NATURE OF THE PROPERTY OF THE PETITIONERS EXT.P4: TRUE COPY OF THE ORDER DT. 16/6/15 ISSUED BY THE IRINJALAKUDA MUNICIPALITY REJECTING THE APPLICATION OF THE PETITIONERS EXT.P5: TRUE PHOTOCOPY OF THE JUDGMENT DT. 7/7/14 IN WPC NO. 13529/14 PASSED BY THIS COURT EXT.P6-TRUE COPY OF THE RELEVANT PAGES OF THE LAND IDENTIFICATION DETAIL RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY SKS P.A TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 20686 of 2015 --------------------------------------- Dated this the 18th day of November, 2015

JUDGMENT

The mere fact that the property has been shown as wet land in the possession certificate is not a ground to decline building permit to the petitioner by Ext.P4 order of the second respondent Municipality. The ground realities have to be assessed and as to whether the neighbouring property has been developed wherein structures are put up has to be deciphered.

2.

I quash Ext.P4 order and direct the second respondent to reconsider the application for building permit put in by the petitioner after a site inspection done with notice to the petitioner. The exercise as above shall be completed within a period of two months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

sks V.CHITAMBARESH, JUDGE