High Court of KeralaWP(C)/30575/2014disposed of

Sajini v. The Polpully Grama Panchayat

2015-01-09Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 WP(C).No. 30575 of 2014 (V) PETITIONER : - ---------------------- SAJINI, AGED 40 YEARS, W/O.SASIKUMAR, 'THULASEEDALAM', POLPULLY VILLAGE, PANAYUR AMSOM, PALAKKAD TALUK AND DISTRICT.

BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS : - ---------------------------

1. THE POLPULLY GRAMA PANCHAYAT, POLPULLY P.O., PALAKKAD-678 552, REPRESENTED BY ITS SECRETARY.

2. THE SECRETARY, POLPULLY GRAMA PANCHAYATH, POLPULLY P.O., PALAKKAD-678 552 .

R1 & 2 BY ADV. SRI.SAJAN VARGHESE K.

R1 & 2 BY ADV. SRI.LIJU. M.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30575 of 2014 (V) APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXT.P1 :

TRUE COPY OF THE POSSESSION CERTIFICATE DATED 30TH MAY 2014 ISSUED BY THE VILLAGE OFFICER, POLPULLY VILLAGE. EXT.P2 :

TRUE COPY OF THE ORDER DATED 6/11/2014 OF THE 2ND RESPONDENT.

EXT.P3 :

TRUE COPY OF THE PHOTOGRAPHS OF THE PLOT.

RESPONDENTS' EXHIBITS : - NIL.

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

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 30575 of 2014 Dated this the 09th day of January, 2015

JUDGMENT

In the light of the ratio laid down in Gopalakrishnan v. State of Kerala [2011 (3) KLT 317], 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 P2.

Consequently, the second respondent is directed to consider the application of the petitioner for building permission afresh, if necessary, by referring the matter to the District Town Planner, 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/-