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High Court of KeralaWP(C)/22227/2014disposed of

Salim v. The State Of Kerala

2015-02-06Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 WP(C).NO. 22227 OF 2014 (C) ---------------------------- PETITIONER(S):

-------------------------- SALIM, S/O.MUHAMMADUNNI, AGED 65 YEARS, VALANGATTIL HOUSE, GURUVAYOOR P.O., THRISSUR DISTRICT-680 101.

BY ADV. SRI.P.RAMACHANDRAN.

RESPONDENT(S):

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

1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM-1.

2. THE GURUVAYOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, GURUVAYOOR P.O., THRISSUR-680 010.

3. THE SECRETARY, GURUVAYOOR MUNICIPALITY, GURUVAYOOR P.O., THRISSUR-680 010.

R1 BY GOVT. PLEADER SRI.JUSTIN JACOB.

R2 & R3 BY ADVS. SRI.P.A.AHAMMED, SRI.M.SREEKUMAR.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).NO. 22227 OF 2014 (C) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1.

TRUE COPY OF THE ORDER BEARING NO.BA. 282/2013-14 DATED 06/05/2014 BY THE 3RD RESPONDENT EXT.P2.

TRUE COPY OF THE JUDGMENT DATED 13/02/2014 IN WP(C).NO. 30272/2013.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 22227 of 2014 ---------------------------------------- Dated this the 06th day of February, 2015

JUDGMENT

In the light of the ratio laid down in the judgment dated 13.02.2014 in W.P. (C) No. 30272/2013 and the unreported judgment in W.P. (C) No. 19127/2014 dated 10.11.2014, the present writ petition is also disposed of on the same lines applying the ratio laid down by the learned single Judge in the said decisions, thereby quashing Exhibit P1.

Consequently, the third respondent is directed to consider the application of the petitioner for building permission afresh, if necessary, by referring the matter to the District Town Planner, and thereafter pass appropriate orders thereon, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. DAMA SESHADRI NAIDU JUDGE DMR/-