← Library
High Court of KeralaWP(C)/28458/2011disposed of

K.P.Jose v. The Chalakudy Municipality

2015-01-23Honourable Mr. Justice Dama Seshadri Naidu3 pages

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. 28458 of 2011 (F) ------------------------------------------ PETITIONER(S):

-------------------------- K.P.JOSE S/O.POULOSE, KAITHARATH HOUSE, VETTUKADAVU ROAD CHALAKUDY P.O., THRISSUR DISTRICT.

BY ADV. SRI.K.B.GANGESH RESPONDENT(S):

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

1. THE CHALAKUDY MUNICIPALITY REP. BY SECRETARY, CHALAKUDY MUNICIPALITY MUNICIPAL OFFICE, CHALAKUDY, THRISSUR DISTRICT- 680 307.

2. THE SECRETARY, CHALAKUDY MUNICIPALITY, MUNICIPAL OFFICE, CHALAKUDY THRISSUR DISTRICT- 680 307.

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

Msd.

WP(C).No. 28458 of 2011 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE APPLICATION FORM DATED 01.07.2010 SUBMITTED BY THE PETITIONER BEFORE THE OFFICE OF THE 1ST RESPONDENT.

EXHIBIT P2:

TRUE COPY OF THE ORDER NO.E2 9866/11 DATED 06.09.2011 BY THE 2ND RESPONDENT.

EXHIBIT P3:

TRUE COPY OF THE NOTICE PUBLISHED UPON NOTIFICATION OF THE SCHEME DATED 01.11.1975 ISSUED BY THE MUNICIPAL COMMISSIONER, CHALAKUDY.

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

Msd.

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 28458 of 2011 ---------------------------------------- Dated this the 23rd day of January, 2015

JUDGMENT

In the light of the ratio laid down in Gopalakrishnan v. State of Kerala [2011 (3) KLT 317], 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.

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/-