Shaheeda Hamsa v. Thrissur Corporation

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 WP(C).No. 29085 of 2015 (I) ---------------------------- PETITIONER(S):

---------------- SHAHEEDA HAMSA, AGED 40 YEARS W/o.HAMSA, PUTHIYAVEETTIL HOUSE, FLAT NO.102 RUBY ENCLAVE, POTTAYIL LINE, POOTHOLE P.O THRISSUR DISTRICT.

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

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1. THRISSUR CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE THRISSUR 680 001.

2. THE ASSISTANT ENGINEER THRISSUR CORPORATION OFFICE, THRISSUR 680 001. R1,R2 BY ADV. SRI.K.P.VIJAYAN R1,R2 BY ADV. SRI.V.N.HARIDAS R BY SRI.K.P.VIJAYAN,SC,THRISSUR CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29085 of 2015 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT P1. COPY OF THE ORDER DATED 29.7.15 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2. COPY OF THE PHOTOGRAPHS SHOWING THE PETITIONERS PROPERTY. RESPONDENT(S)' EXHIBITS : NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.29085 of 2015 --------------------- Dated this the 26th day of October, 2015

J U D G M E N T

Ext.P1 order declining building permit to the petitioner was obviously not preceded by a local inspection. The same is necessary to take note of the situation on ground especially the availability of buildings in the neighbourhood.

2. I quash Ext.P1 order and direct the first respondent to pass orders anew in the application for building permit. The law settled by this Court in the various decisions shall be adhered to in the exercise. The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/27.10.15