K.J Paulose v. The Regional Joint Director

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 22ND DAY OF SEPTEMBER 2015/31ST BHADRA, 1937 WP(C).No. 28608 of 2015 (A) ---------------------------- PETITIONER(S):

---------------- K.J PAULOSE, AGED 70 YEARS S/O.JOSEPH, RESIDING AT KANNAMPUZHA HOUSE CHALAKUDY POST THRISSUR DISTRICT BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENT(S):

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

THE REGIONAL JOINT DIRECTOR CENTRAL ZONE, OFFICE OF THE REGIONAL JOINT DIRECTOR, KOCHI - 682 620.

2.

CHALAKUDY MUNICIPALITY, REPRESENTED BY SECRETARY CHALAKUDY POST THRISSUR DISTRICT - 680 001.

R2 BY ADV. SRI.SHEEJO CHACKO, SC, CHALAKUDY MUNICIPALITY R BY GOVERNMENT PLEADER SMT.SANJEETHA.K.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No. 28608 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE LICENSE NO.D/3415/04/2129/EA ISSUED TO THE PETITIONER VALID UPTO 4.3.2017 FOR THE STATE OF KERALA.

EXHIBIT P2 :

TRUE COPY OF THE POSSESSION CERTIFICATE ISSUEC BY THE VILLAGE OFFICER EAST CHALAKUDY EXHIBIT P3 :

TRUE COPY OF THE SKETCH OF THE PROPERTY.

EXHIBIT P4 :

TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P5 :

TRUE COPY OF THE SHOW CAUSE ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED 18.4.2015 EXHIBIT P6 :

TRUE COPY OF THE REPLY TO EXT.P5 SHOW CAUSE.

EXHIBIT P7 :

TRUE COPY OF THE SHOW CAUSE ISSUED BY THE FIRST RESPONDENT DATED 16.6.2015.

EXHIBIT P8 :

TRUE COPY OF THE REPLY TO THE EXT.P7 SHOW CAUSE. EXHIBIT P9 :

TRUE COPY OF THE ORDER DATED 1.9.2015 PASSED BY THE FIRST RESPONDENT.

EXHIBIT P10 :

TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER TO THE GOVERNMENT DATED 18.9.2015. RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.28608 of 2015 --------------------- Dated this the 22nd day of September, 2015

J U D G M E N T

Ext.P9 order suspending the licence issued to the petitioner is under challenge in Ext.P10 appeal. I direct the Secretary, Local Self Government Department, Thiruvananthapuram to consider Ext.P10 appeal expeditiously. The same shall be done within the statutory time limit if possible. The directions in Ext.P9 order to surrender the licence for the purpose of enforcing the suspension shall be put on hold in the mean while.

2. The petitioner shall produce a copy of the judgment along with the writ petition before the Secretary of the Local Government Department for compliance.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/220915