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High Court of KeralaWP(C)/23240/2014disposed of

Mrs.Radha Mony v. State Of Kerala

2015-03-23Honourable Mr. Justice Dama Seshadri Naidu6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937 PETITIONER:

-------------------------- MRS.RADHA MONY, W/O.C.R.MONY, CHENNATHU HOUSE, KADAVOOR P.O.

NEDUVAKKAD, PAINGOTTOOR - 686 671.

BY ADVS.SRI.GEORGE JACOB (JOSE) MEREENA J JOSEPH RESPONDENT(S)/RESPONDENTS:-:

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

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

2. THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001.

3. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM - 682 030.

4. THE DISTRICT LEVEL AUTHORIZED COMMITTEE (CONSTITUTED UNDER ACT 28 OF 2008), REPRESENTED BY THE REVENUE DIVISIONAL OFFICER ERNAKULAM DISTRICT - 682 011.

5. THE PAINGOTTOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PAINGOTTOOR MUVATTUPUZHA - 686 661.

6. THE SECRETARY, PAINGOTTOOR GRAMA PANCHAYAT, PAINGOTTOOR MUVATTUPUZHA - 686 661

-2- R5 & 6 BY ADV. SRI.P.M.BENZIR R5 & 6 BY ADV. SRI.G.G.MANOJ R5 & 6 BY ADV. SRI.JAICE JACOB R5 & 6 BY ADV. SRI.S.SARATH PRASAD R BY GOVERNMENT PLEADER SRI. JUSTIN JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

TRUE COPY OF THE SALE DEED NO.1847/12 OF POTHANIKAD SUB-REGISTRY DATED 30.07.2012.

EXHIBIT P2.

TRUE COPY OF THE NO OBJECTION CERTIFICATE OF R6 ISSUED UNDER RULE 133 OF THE KERALA PANCHAYAT BUILDING RULES.

EXHIBIT P3.

TRUE COPY OF THE CIRCULAR NO.61519/RA1/2011/LSGD DATED 27.10.2012.

EXHIBIT P4.

TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE SECRETARY, PAINGOTTOOR GRAMA PANCHAYAT.

EXHIBIT P5.

TRUE COPY OF THE REPRESENTATION DATED 30.06.2014 OF THE PETITIONER SUBMITTED TO THE GRAMA PANCHAYAT.

EXHIBIT P6.

TRUE COPY OF THE ORDER OF THE PANCHAYAT REJECTING EXHIBIT P5.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY P.A TO JUDGE SMM

DAMA SESHADRI NAIDU, J.

-----------------------------------------------. W.P.C. No. 23240 of 2014 (d) --------------------------------------------------- Dated this the 23rd day of March, 2015.

JUDGMENT

In the light of the ratio laid down in Ramankutty v. Principal Agricultural Officer (2014 (3) KLT 730), this Court disposes of the writ petition on the same lines applying the ratio laid down by this Court in the said decision, thereby setting aside Ext.P3.

Consequently, the 6th 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. DAMA SESHADRI NAIDU,JUDGE smm