Sebi C.A v. Kunnukara Grama Panchayat

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 WP(C).No. 22433 of 2014 (D) ---------------------------- PETITIONER:

-------------------- SEBI C.A., CHIRAKKAMANAVALAN HOUSE, AYIROOR P.O., ERNAKULAM DISTRICT.

BY ADVS.SRI.C.P.WILSON, SRI.V.TEKCHAND.

RESPONDENTS:

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

1. KUNNUKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KUNNUKARA, PIN - 683 578, ERNAKULAM DISTRICT.

2. SECRETARY, KUNNUKARA GRAMA PANCHAYAT, KUNNUKARA, PIN - 683 578.

ERNAKULAM DISTRICT.

BY ADV. SRI.S.SHANAVAS KHAN.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 22433 of 2014 (D) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : COPY OF THE PHOTOGRAPH OF PETITIONER'S PROPERTY. EXHIBIT P2 : TRUE COPY OF THE ORDER NO.A3 5059/2014 DATED 17.03.2014. EXHIBIT P3 : TRUE COPY OF THE EXTRACT DRAFT DATA BANK. RESPONDENT'S EXHIBITS:- NIL.

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

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 22433 of 2014 ---------------------------------------- Dated this the 23rd 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 P2.

2. 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 District Town Planner, 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/-