Jithesh.T.K. v. Azhiyoor Grama Panchayath

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937 WP(C).No. 24741 of 2015 (P) ---------------------------- PETITIONER(S) :

--------------------- JITHESH.T.K., AGED 34 YEARS, S/O.T.K.BALAN, POOCHAPARAMBATH BALARAMA HOUSE, P.O.CHOMBALA, VADAKARA, KOZHIKODE DISTRICT., REPRESENTED BY THE POWER OF ATTORNEY HOLDER, T.K.BALAN, S/O.KUNHIRAMAN, AGED 64 YEARS.

BY ADVS.SRI.M.SASINDRAN SRI.V.VENUGOPAL RESPONDENT(S) :

------------------------ 1.

AZHIYOOR GRAMA PANCHAYATH, ALIYUR PO-673 309, KOZHIKODE, REPRESENTED BY ITS SECRETARY 2.

THE SECRETARY AZHIYOOR GRAMA PANCHAYATH, ALIYUR PO-673 309 KOZHIKODE DISTRICT.

3.

STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001 R1& R2 BY ADV. SRI.C.VATHSALAN R1& R2 BY ADV. RAKESH ROSHAN TUSHARA R3 BY SMT.ANITHA RAVINDRAN, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

AMV

: 2 :

WP(C).No. 24741 of 2015 (P) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------- P1 :

COPY OF THE DEED DATED 29-5-2013.

P2 :

COPIES OF THE SITE PLAN SUBMITTED BY THE PETITIONER. P3 :

COPY OF THE ORDER DATED 23-6-2015 ISSUED BY THE 2ND RESPONDENT.

P4 :

COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER OF AZHIYOOR GRAMA PANCHAYATH.

P5 :

COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER, AZHIYOOR BEFORE THE DISTRICT COLLECTOR, KOZHIKODE WITHOUT ENCLOSURES.

P6 :

COPY OF THE CIRCULAR DATED 22-1-2011 VIDE NO.4545/RA1/LSGD. P7 :

COPY OF THE CIRCULAR DATED 31-7-2008 VIDE CIRCULAR NO.45846/RA1/08/LSGD.

P8 :

COPY OF THE PHOTOGRAPH OF THE PETITIONER'S PROPERTY. P8(A) :

COPY OF THE PHOTOGRAPH OF THE PETITIONER'S PROPERTY. P8(B):

COPY OF THE PHOTOGRAPH OF THE PETITIONER'S PROPERTY. RESPONDENT(S)' EXHIBITS :

NIL --------------------------------------- /TRUE COPY/ P.A.TO JUDGE AMV

V. CHITAMBARESH, J.

....................................

W.P.(C).No.24741 of 2015(P) ............................................... Dated this the 3rd day of November, 2015

JUDGMENT

Ext.P3 order passed on the basis of Ext.P7 circular cannot be sustained. This is because Ext.P7 circular has been superseded by Ext.P6 circular.

2.

I quash Ext.P3 order and direct re-consideration of the issue. The same shall be done in the light of Ext.P6 circular. The 2nd respondent shall pass orders anew after notice to the petitioner within a period of one month from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

Sd/- (V.CHITAMBARESH, JUDGE) AMV/03/11/