High Court of KeralaWP(C)/29162/2014disposed of

Shajil Dasan v. Palakkad Municipality

2015-01-09Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 WP(C).No. 29162 of 2014 (U) -------------------------------------------- PETITIONERS:

1. SHAJIL DASAN, S/O DASAN, AGED 41 YEARS, S/O.DASAN, THEKKEKARA HOUSE, PURANGU P.O., PONNANI TALUK, MALAPPURAM DISTRICT.

2. KRISHNAPRIYA SHAJIL, W/O.SHAJIL DASAN, THEKKEKARA HOUSE, PURANGU P.O., PONNANI TALUK, MALAPPURAM DISTRICT.

BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS:

1. PALAKKAD MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, PALAKKAD - 678 001.

2. THE DISTRICT TOWN PLANNING OFFICER, PALAKKAD, CIVIL STATION, PALAKKAD - 678 001.

3. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM, PIN - 695 001.

R1 & R2 BY ADVS. SRI.T.C.SURESH MENON SRI.P.S.APPU R3 BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN WP(C).No. 29162 of 2014 (U) PETITIONER'S EXHIBITS:

EXHIBIT P1. A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 3 JULY 2014 ISSUED BY THE VILLAGE OFFICER, PALAKKAD VILLAGE - II. EXHIBIT P1(a). A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 3 JULY 2014 ISSUED BY THE VILLAGE OFFICER, PALAKKAD VILLAGE - II. EXHIBIT P2. A TRUE COPY OF THE ORDER DATED 28 OCTOBER 2014 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3. A TRUE COPY OF THE JUDGMENT REPORTED IN 2011(3) KHC 162 (DB) OF THIS HON'BLE COURT.

EXHIBIT P4. A TRUE COPY OF THE JUDGMENT DATED 18.11.2011 IN W.P.(C) NO.27778/2011.

RESPONDENT'S EXHIBITS: NIL.

/TRUE COPY/ P.S. TO JUDGE

Dama Seshadri Naidu, J.

------------------------------------------- W.P.(C)No.29162 of 2014 U -------------------------------------------- Dated this the 9th day of January, 2015

JUDGMENT

In the light of the ratio laid down in New India Assurance Co. Ltd. v. Ayisha (2011 (3) KLT 319), 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 first respondent is directed to consider the application of the petitioner for building permission afresh, if necessary, by referring the matter to the second respondent, and subjecting the petitioners' property to physical verification, 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 tkv