High Court of KeralaWP(C)/27840/2014disposed of

Sageer v. Chavakkad Municipality

2015-01-28Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 WP(C).No. 27840 of 2014 (D) ---------------------------- PETITIONER :

------------------ SAGEER, AGED 48 YEARS, S/O MAMU, CHALIYATH HOUSE, PALAYOOR, GURUVAYOOR, THRISSUR 680506 BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.PRATHAP PILLAI SRI.SEBIN THOMAS SRI.VIVEK V. KANNANKERI SRI.VISHNU BHUVANENDRAN RESPONDENTS :

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

1. CHAVAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, CHAVAKKADD 680506

2. THE SECRETARY, CHAVAKKAD MUNICIPALITY, CHAVAKKAD 680506

3. THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM, KOTTARATHIL BUILDINGS, PALAYAM THIRUVANANTHAPURAM 695033

4. THE DISTRICT TOWN PLANNER, AYYANTHOLE, THRISSUR 680003 R1 & R2 BY SRI.N.N.SUGUNAPALAN SENIOR ADVOCATE R1 & R2 BY ADV. SRI.S.SUJIN R3 & R4 BY GOVERNMENT PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27840 of 2014 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE BASIC TAX RECEIPT DATED 05-04-2013 ISSUED BY THE VILLAGE OFFICER, GURUVAYOOR EXHIBIT P2:

TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, GURUVAYOOR DATED 04-11-2013. EXHIBIT P3:

TRUE COPY OF THE LETTER DATED 03-04-2014 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT THROUGH THE 4TH RESPONDENT.

EXHIBIT P4:

TRUE COPY OF THE LETTER DATED 14-05-2014 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P5:

TRUE COPY OF THE LETTER DATED 25-06-2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 27840 of 2014 ---------------------------------------- Dated this the 28th day of January, 2015

JUDGMENT

In the light of the ratio laid down in the judgment dated 12.06.2012 in W.P. (C) No. 7078/2012, the present writ petition is also disposed of on the same lines applying the ratio laid down by the learned single Judge in the said decision, thereby quashing Exhibits P3 to P5.

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 fourth respondent, and thereafter pass appropriate orders thereon, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment.

DAMA SESHADRI NAIDU JUDGE DMR/-