High Court of KeralaWP(C)/30062/2015disposed of

Sheelavathi v. State Of Kerala

2015-10-05Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 WP(C).No. 30062 of 2015 (G) ------------------------------------------ PETITIONER(S) :

------------------------- SHEELAVATHI, KINATTINGAL HOUSE, VETTILAPARA P.O., ATHIRAPILLY, THRISSUR DISTRICT- 680 721.

BY ADVS.SRI.LINDONS C.DAVIS SRI.V.C.VALSAN RESPONDENT(S) :

----------------------------

1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

2. DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR- 680 003.

3. DEPUTY COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR- 680 003.

4. TAHASILDAR, CHALAKUDY- 680 307.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 30062 of 2015 (G) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- EXHIBIT P1: TRUE COPY OF THE SALE DEED OF THE LAND BELONGS TO THE PETITIONER.

EXHIBIT P2: TRUE COPY OF THE BUILDING TAX DEMAND NOTICE ALONG WITH TAX RECEIPT OF ATHIRAPILLY GRAMA PANCHAYATH.

EXHIBIT P3: TRUE COPY OF THE STOP MEMO ISSUED BY ATHIRAPILLY GRAMA PANCHAYATH DATED 21.08.2013.

EXHIBIT P4: TRUE COPY OF THE ACKNOWLEDGMENT DATED 15.02.2014 ISSUED BY ATTRIRAPILLY GRAMA PANCHAYATH TOWARDS THE APPLICATION FOR NOC FOR CONSTRUCTION.

EXHIBIT P5: TRUE COPY OF ORDER DATED 15.06.1990. EXHIBIT P6: TRUE COPY OF APPLICATION DATED 02.09.2015 SUBMITTED BY THE PETITIONER.

EXHIBIT P7: TRUE COPY OF THE JUDGMNET DATED 17.09.2014 IN W.P.(C).NO.23953/2014.

EXHIBIT P8: TRUE COPY OF THE PERMISSION ISSUED SRI.CHACKO DATED 30.01.2015.

EXHIBIT P9: TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR, THRISSUR DATED 24.09.2015.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

---------------------------------------- W.P(C)No. 30062 of 2015 ---------------------------------------- Dated this the 5th day of October, 2015

J U D G M E N T

Petitioner has approached District Collector, Trichur by Ext.P6 seeking permission to construct a building as an extension to the existing shop building bearing No.175 of Athirapilly Grama Panchayat. The District Collector has issued prohibitory order to protect Athirapilli water falls and surrounding areas. The petitioner wants to lift the prohibition as far as construction is being undertaken by him in the property belongs to him.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. In view of the pendency of Ext.P6, there shall be a direction to the District Collector/the first respondent herein to consider and pass appropriate orders on Ext.P6, after affording an opportunity of hearing to the petitioner, within a period of six weeks from the date of

WP(C).NO.30062 OF 2015 :-2-:

receipt of a copy of this judgment.

This writ petition is disposed of as above.

sd/- A.MUHAMED MUSTAQUE, Judge MBS/

WP(C).NO.30062 OF 2015 :-3-: