High Court of KeralaWP(C)/23916/2015disposed of

Palara Moideenkutty Haji v. Valanchery Grama Panchayath

2015-11-02Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 WP(C).No. 23916 of 2015 (L) ---------------------------- PETITIONER(S):

-------------------------- PALARA MOIDEENKUTTY HAJI AGED 65 YEARS S/O. BEERAn, PALARA HOUSE, VALANCHERY PO MALAPPURAM DISTRICT BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S):

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

1. VALANCHERY GRAMA PANCHAYATH VALANCHERY PO, MALAPPURAM-676 552 REPRESENTED BY ITS SECRETARY

2. THE SECRETARY VALANCHERY GRAMA PANCHAYATH, VALANCHERY PO MALAPPURAM -676 552 R1&2 BY ADV. SRI.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0211-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23916 of 2015 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:TRUE COPY OF THE LAND TAX RECEIPT EXT.P2:TRUE COPY OF THE LAND TAX RECEIPT EXT.P3:TRUE COPY OF THE POSSESSION CERTIFICATE EXT.P4: TRUE COPY OF THE POSSESSION CERTIFICATE EXT.P5:PHOTOGRAPHS OF THE PETITIONER'S PROPERTY EXT.P6: TRUE CO[PY OF THE BUILDING PERMIT APPLICATION DT. 21/7/15 EXT.P7: TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DT. NIL EXT.P8-TRUE COPY OF THE RELEVANT PAGE OF THE DATA BANK EXT.P9-TRUE COPY OF THE CERTIFICATE ISSUED BY THE PUBLIC INFORMATION OF OFFICER OF KATTIPARUTHY VILLAGE OFFICE DATED 10.9.2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY SKS P.A TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 23916 OF 2015 --------------------------------------- Dated this the 2nd day of November, 2015

JUDGMENT

Ext.P7 order declining building permit to the petitioner was not preceded by a local inspection. The same is essential to find out the position on ground and of the surrounding property. The petitioner asserts that all the properties in the neighbourhood have been developed and buildings are also constructed. 2.

I quash Ext.P7 order and direct the second respondent to reconsider the issue. The same shall be done with notice to the petitioner and after adverting to all the materials on record. The final orders shall be passed within one month from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

V.CHITAMBARESH, JUDGE sks