High Court of KeralaWP(C)/29029/2015disposed of

Harisudhan.P.K. v. Manalur Grama Panchayat

2015-11-03Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937 WP(C).No. 29029 of 2015 (C) -------------------------------------- PETITIONER:

-------------------------- HARISUDHAN.P.K.

AGED 47 YEARS S/O.KUMARAN, PAYYAPPATT HOUSE, KANDASSANKADAVU P.O THRISSUR.

BY ADVS.SRI.SANTHOSH P.PODUVAL SMT.R.RAJITHA SMT.VINAYA V.NAIR RESPONDENT:

---------------------------- MANALUR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KANDASSANKADAVU P.O THRISSUR 680 613.

BY SMT.P.R.REENA, SC, MANALUR GRAMA PANCHAYATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29029 of 2015 (C) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. COPY OF THE ORDER DATED 2.5.14 ISSUED BY THE RESPONDENT PANCHAYAT.

EXHIBIT P2. COPY OF THE RELEVANT PAGE OF DATA BANK PERTAINING TO THE PETITIONERS PROPERTY.

EXHIBIT P3. COPY OF THE PHOTOGRAPHS SHOWING THE PETITIONERS PROPERTY.

RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 29029 OF 2015 ---------------------------------------- Dated this the 03rd day of November, 2015

JUDGMENT

The mere fact that the land was classified as wet land in the revenue records is no ground to reject the application for building permit put in by the petitioner under Ext. P1 order. Evidently no site inspection was done with notice to the petitioner and the actual state of affairs available on ground has not been assessed in a proper perspective.

Ext. P2 data bank shows that the nature of the property was changed about two decades ago and Ext. P3 series photographs show the existence of buildings in the neighbourhood.

I quash Ext. P1 order and direct the respondent to consider the application for building permit put in by the petitioner. The same shall be done with notice to the petitioner within a period of one month.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS