Ajay Kumar V.N. v. The Pootrhikka Grama Panchayath

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 WP(C).No.35104 of 2010 (K) ---------------------------- PETITIONER :

----------- AJAY KUMAR V.N., VALLIKATTIL HOUSE, POOTHRIKKA P.O., PUTHENCRUZ (VIA), ERNAKULAM-682 308.

BY ADV. SRI.PRASAD CHANDRAN RESPONDENTS :

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1. THE POOTHRIKKA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, POOTHRIKKA P.O., ERNAKULAM-682 308.

2. THE SECRETARY, POOTHRIKKA GRAMA PANCHAYAT, POOTHRIKKA P.O., ERNAKULAM-682 308.

3. SANTHOSH KUMAR V.N., VALLIKATTIL HOUSE, POOTHRIKKA P.O., PUTHENCRUZ (VIA), ERNAKULAM-682 308.

4. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM, PIN-695 001.

R1-2 BY ADV. SRI.SAJEEV KUMAR K.GOPAL R1-2 BY ADV. SMT.AMBIKA RADHAKRISHNAN R1-2 BY ADV. SRI.R.HARISHANKAR R3 BY ADV. SRI.BIJU .C. ABRAHAM BY GOVERNMENT PLEADER SRI.P.V.ELIAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.35104 of 2010 (K) APPENDIX PETITIONER'S EXHIBITS :- EXT.P1 :

TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND HIS WIFE DTD.29.7.2008.

EXT.P2 :

COPY OF THE APPLICATION FOR BUILDING PERMIT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD.20.9.2008.

EXT.P3 :

COPY OF THE ORDER No.A3/3173/08/K.Dis. OF THE SENIOR TOWN PLANNER, ERNAKULAM DTD.15.11.2008.

EXT.P4 :

COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES, ERNAKULAM DTD.10.11.2008.

EXT.P5 :

COPY OF THE BUILDING PERMIT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER ON 9.12.2008.

EXT.P6 :

COPY OF THE APPEAL NO.459 OF 2010 FILED BY THE 3RD RESPONDENT BEFORE THE 4TH RESPONDENT.

EXT.P7 :

COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DTD.28.6.2010.

EXT.P8 :

COPY OF THE WRITTEN STATEMENT FILED BY RESPONDENTS 1 AND 2 BEFORE THE 4TH RESPONDENT. EXT.P9 :

COPY OF THE COMMUNICATION FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT DTD.3.5.2010.

EXT.P10 :

COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DTD.13.7.2010.

EXT.P11 :

COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT REGARDING THE ACCEPTANCE OF THE APPLICATION FOR BUILDING PERMIT DTD.26.8.2010.

RESPONDENTS' EXHIBITS :- NIL.

True copy P.A to Judge

ANIL K.NARENDRAN, J.

------------------------------------------ W.P.(C)No.35104 of 2010 -------------------------------------------- Dated this the 09th day of June, 2015

JUDGMENT

This Writ Petition is filed by the petitioner seeking a writ of certiorari to quash Ext.P10 and for other consequential reliefs. By order dated 22.12.2010 this Court stayed the operation and implementation of Ext.P10 by a detailed order and made it clear that the local authority shall take steps to number the building considering the application submitted by the petitioner and pass orders thereon, in accordance with law, expeditiously and in any event, within one month from the date of receipt of a copy of that order. Today when the case was taken up for final hearing, the learned counsel for the petitioner, the learned Standing Counsel for the Grama Panchayat and also the learned counsel for the 3rd respondent would submit the dispute between the petitioner and the 3rd respondent has already been settled and in view of order dated 22.12.

2010 no further orders are required in this Writ Petition. In such circumstances, recording the aforesaid submission made by the learned counsel appearing for the petitioner, the respondent/Grama Panchayat and also the 3rd respondent this Writ Petition is closed.

ANIL K.NARENDRAN, JUDGE skj