High Court of KeralaWP(C)/25917/2014disposed of

Suhair v. The Pandikkad Grama Panchayath

2015-02-02Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 WP(C).No. 25917 of 2014 (L) ---------------------------- PETITIONER:

--------------- SUHAIR, AGED 33 YEARS, S/O.UMMER, KOTTAKKODAN HOUSE, PANDIKKAD, MALAPPURAM DISTRICT.

BY ADV. SRI.BABU S. NAIR RESPONDENTS:

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

1. THE PANDIKKAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANDIKKAD, MALAPPURAM DISTRICT, PIN: 676 521.

2. THE SECRETARY, PANDIKKAD GRAMA PANCHAYATH, PANDIKKAD, MALAPPURAM DISTRICT, PIN: 676 521.

R. BY ADV. SRI.K.M.SATHYANATHA MENON R. BY ADV. SMT.KAVERY S THAMPI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25917 of 2014 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1: TRUE COPY OF THE COMMUNICATION GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER DATED 30/9/2014.

P2: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 1/10/2014.

P3: TRUE COPIES OF THE PHOTOGRAPHS OF THE BUILDING OF THE PETITIONER AND THE SURROUNDING PROPERTIES.

P4: TRUE COPY OF THE CIRCULAR OF THE L.S.G.D. DEPARTMENT DATED, 22/1/2011 AS NO.4545/RA1/11/LSGD.

RESPONDENTS' EXHIBITS : NIL ------------------------------- /True Copy/ P.A to Judge.

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 25917 of 2014 (L) ---------------------------------- Dated this the 2nd day of February, 2015.

JUDGMENT

In the light of the ratio laid down in Praveen v. Land Revenue Commissioner (2010 (2) KLT 617), this Court disposes of the writ petition on the same lines applying the ratio laid down by the learned Division Bench in the said decision, thereby setting aside Ext.P1.

Consequently, the 2nd respondent is directed to consider the petitioner's application to get the construction regualarised and for assigning numbers to the building, 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. sd/- DAMA SESHADRI NAIDU, JUDGE.

W.P.(C) No.19225/2014 -2-