High Court of KeralaWP(C)/30566/2014disposed of

C.K.Rafeeque v. The Malappuram Municipality

2015-01-22Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 WP(C).No. 30566 of 2014 (U) ---------------------------- PETITIONER:

------------------- C.K.RAFEEQUE, AGED 35 YEARS, S/O.MUHAMMED, CHALATTIL KALLADITHODI HOUSE, MUTTIPPADI MELMURI P.O., MALAPPURAM DISTRICT.

BY ADVS.SRI.K.ABDUL JAWAD SMT.VINEETHA V.KUMAR RESPONDENT(S):

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

1. THE MALAPPURAM MUNICIPALITY, REPRESENTED BY THE SECRETARY, MALAPPURAM - 676 505.

2. THE SECRETARY, MALAPPURAM MUNICIPALITY - 676 505.

BY SRI.ESM.KABEER, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 30566 of 2014 (U) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1:

TRUE COPY OF THE NOTICE DATED 3/3/2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXT.P2:

TRUE COPY OF THE JUDGMENT DATED 24/6/2014 IN WPC NO.8809/2014.

EXT.P3:

TRUE COPY OF THE ORDER NO.PW2-7871/2010 DATED 10/9/2014 ISSUED BY THE 2ND RESPONDENT.

EXT.P4:

TRUE COPY OF THE COVERING LETTER DATED 14/102014 SENT BY PETITIONER TO THE 2ND RESPONDENT.

EXT.P5:

TRUE COPY OF THE ORDER DATED 12/11/2014 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:

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

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 30566 of 2014 ---------------------------------------- Dated this the 22nd day of January, 2015

JUDGMENT

In the light of the ratio laid down in Praveen v. Land Revenue Commissioner [2010 (2) KLT 617], 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 P5.

Consequently, the second respondent is directed to consider the application of the petitioner for building permission afresh, taking into account Exhibit P3 as well, and thereafter pass appropriate orders thereon, as expeditiously as possible, at any rate within a period of six weeks from the date of receipt of a copy of this judgment.

DAMA SESHADRI NAIDU JUDGE DMR/-