High Court of KeralaWP(C)/23987/2014disposed of

Harigovindan Namboothiri @ Pradeep v. State Of Kerala

2015-03-31Honourable Mr. Justice Dama Seshadri Naidu5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 23987 of 2014 (W) ---------------------------- PETITIONER:

--------------- HARIGOVINDAN NAMBOOTHIRI @ PRADEEP, AGED 45 YEARS, S/O.PARAMESWARAN NAMBOOTHIRI, NAGAMPOOZHI MANA, NADUVILLE VILLAGE, VAIKOM TALUK, KOTTAYAM.

BY ADV. SRI.M.NARENDRA KUMAR RESPONDENTS:

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

2. VAIKOM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, VAIKOM, KOTTAYAM DISTRICT - 686 001.

3. CHIEF TOWN PLANNER GOVERNMENT OF KERALA, TRIVANDRUM - 695 001.

4. TOWN PLANNER KOTTAYAM - 686 001.

R2 BY ADV. SMT.A.SREEKALA R4 BY ADV. SRI. G. GOPAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23987 of 2014 (W) ---------------------------- APPENDIX PETITIONER'S EXHIBITS --------------------------- P1 - TRUE COPY OF THE SKETCH OF THE PROPERTY DEPICTING tHE MANA, KAVU (SERPENT GROVE).

P2 - TRUE COPY OF THE PHOTOGRAPHS OF THE MANA (TEMPLE). P2(A) - TRUE COPY OF THE PHOTOGRAPHS OF THE HOLY GROVES. P3 - TRUE COPY OF THE SITE PLAN OFTHE ENTIRE PROPERTY SPECIFYING THE LOCATION OF THE BUILDING PROPOSED TO BE CONSTRUCTED. P4 - THE TRUE COPY OF THE RECEIPTS OFTHE APPLICATION FOR BUILDING PERMIT DT. 19.6.12.

P4(a) - THE TRUE COPY OF THE FEE RECEIPTS OFTHE APPLICATION FOR BUILDING PERMIT DT. 19.6.12.

P5 - TRUE COPY OF THE COUNCIL PASSED A RESOLUTION DT. 14.9.12. P6 - TRUE COPY OF THE LETTER DT. 02.3.13 FOR VARIATION TO RESIDENTIAL ZONE IN THE LIGHT OF EXT. P5.

P7 - TRUE COPY OF THE RECEIPT DT. 02.3.13.

P8 - TRUE COPY OF THE LETTER DT. 02.1.13 FROM CHIEF TOWN PLANNER TO THE TOWN PLANNER, KOTTAYAM.

RESPONDENTS' EXHIBITS :

------------------------------ /True Copy/ P.A to Judge.

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 23987 of 2014 (W) ---------------------------------- Dated this the 31st day of March, 2015.

JUDGMENT

Heard the learned counsel for the petitioner and the learned Government Pleader, apart from perusing the record.

2. Briefly stated, when the petitioner applied for a building permit, the respondent Municipality forwarded the application to the 3rd respondent for his approval. In the meanwhile, questioning the delay that has occurred in the respondents' processing the petitioner's application, he has approached this Court.

3. The learned Government Pleader representing respondents 3 and 4 has submitted that the 3rd respondent has already processed the petitioner's application and forwarded the necessary recommendations to the second respondent Municipality.

4. The learned Standing Counsel for the respondent Municipality, on instructions, has submitted that the

W.P.(C). No. 23987/2014 -2respondent Municipality has already received the necessary communications from the 3rd respondent and it is all set to further process the petitioner's application. In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned Government Pleader, this Court, without expressing any opinion on the merits of the matter, disposes of the writ petition with a direction to the second respondent Municipality to consider the petitioner's application for building permit, keeping in view the recommendations of the 3rd respondent, and pass appropriate orders thereon as expeditiously as possible.

sd/- DAMA SESHADRI NAIDU, JUDGE.

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