High Court of KeralaWP(C)/28794/2015disposed of

Joseph v. State Of Kerala

2015-09-23Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 WP(C).No. 28794 of 2015 (Y) ---------------------------------------- PETITIONER(S):

----------------------- JOSEPH, 'ASHIRVAD', POTTA ASHRAMAM ROAD, POTTA P.O., CHALAKKUDY, THRISSUR, PIN-680722.

BY ADV. SRI.P.K.NIJOY RESPONDENT(S):

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

STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

THE DISTRICT COLLECTOR, THRISSUR-680003.

THE TAHSILDAR, CHALAKKUDY, THRISSUR-680722.

THE VILLAGE OFFICER, PERAMBRA VILLAGE, CHALAKKUDY, THRISSUR-680722.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28794 of 2015 (Y) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE BUILDING PERMIT DATED 12/3/15 ISSUED FROM CHALAKKUDY MUNICIPALITY P2 :

COPY OF THE NOTICE OF REJECTION DATED 31/8/15 P3:

TRUE COPY OF THE APPLICATION DATED 14//9/15.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.28794 of 2015 ****************************************************************************** Dated this the 23rd day of September, 2015

JUDGMENT

The petitioner and his son are the absolute owners in possession and enjoyment of 9.27 Ares (22.90 Cents) of land in Perambra Village, Mukundapuram Taluk, Thrissur. The petitioner approached the District Collector alleging that the building permit has been rejected by the Thrissur Corporation and therefore, seeking a permission from the District Collector to undertake construction.

This Court is of the view, the petitioner shall approach the District Collector with an application under Clause 6 of the Kerala Land Utilisation Order. If such an application is filed, the same shall be considered within two months from the date of receipt of such application. Necessarily, before taking a decision, a report from the Agricultural Officer shall be called for to find out the nature of land in the Draft Data Bank.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln