High Court of KeralaWP(C)/30182/2015disposed of

Anish George Mathew v. The Moonilavu Grama Panchayath

2015-11-18Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 WP(C).No. 30182 of 2015 (W) ------------------------------------- PETITIONER:

-------------------- ANISH GEORGE MATHEW, AGED 40 YEARS S/O.MATHEW PAUL KURIAS, KURIAS HOUSE, KATTAMPACK P O KOTTAYAM DISTRICT - 686612 BY ADV. SRI.JOBI JOSE KONDODY RESPONDENTS:

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1. THE MOONILAVU GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY MOONILAVU GRAMA PANCHAYATH OFFICE, MOONILAVU P O KOTTAYAM DISTRICT, 686586

2. THE SECRETARY MOONILAVU GRAMA PANCHAYATH MOONILAVU GRAMA PANCHAYATH OFFICE, MOONILAU P O KOTTAYAM DISTRICT, 686586

3. THE DEPUTY COLLECTOR(LR) CIVIL STATION, COLLECTORATE P O, KOTTAYAM 686002 R1 & R2 BY ADVS. SRI.K.G.ANIL BABU, SC.

SRI. CYRIAC KURIAN, SC.

R3 BY SR. GOVERNMENT PLEADER SMT. ANITH RAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30182 of 2015 (W) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- A TRUE COPY OF THE TITLE DEED DTD 27/5/2015 EXECUTED BETWEEN THE PETITIONER AND HIS VENDOR P2:- A TRUE COPY OF THE APPLICATION DTD 28/7/2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR BUILDING PERMIT P3:- A TRUE COPY OF THE PROPOSED CONSTRUCTION INCLUDING THE LOCATION PLAN WITHOUT DATE FILED ALONG WITH EXT P2 P4:- A TRUE COPY OF THE LETTER DTD 18/8/2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER P5:- A TRUE COPY OF THE REPRESENTATION DTD 22/9/2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS:-NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 30182 OF 2015 ---------------------------------------- Dated this the 18th day of November, 2015

JUDGMENT

The mere allegation that the petitioner has encroached into a pond is no reason to delay the consideration of his application for building permit. I direct the second respondent to pass orders on Ext. P2 application with notice to the petitioner within a period of one month. 2.

The grant of permit does not disable the respondents from proceeding against the petitioner in case the encroachment is found to be true. Whether there has been such an encroachment or not has to be decided on the basis of the inputs from the Minor Irrigation Department, Block Panchayat and the District Panchayat.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS