High Court of KeralaWP(C)/31462/2014disposed of

Johny John v. Kaduthuruthy Grama Panchayath

2015-01-21Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 WP(C).No. 31462 of 2014 (G) ---------------------------- PETITIONERS:

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1. JOHNY JOHN, KATTILAMPARAMBIL HOUSE, VELLASERY, KADUTHURUTHY P.O. KOTTAYAM DISTRICY -. 686 604.

2. ROSILY JOHN, W/O.JOHNY JOHN, KATTILAMPARAMBIL HOUSE, VELLASERY, KADUTHURUTHY P.O. KOTTAYAM DIST. 686 604.

BY ADVS.SRI.SAJU JOHN SRI.JELSON J.EDAMPADAM RESPONDENTS:

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1. KADUTHURUTHY GRAMA PANCHAYAT, KADUTHURUTHY P.O, KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN. 686 604

2. THE SECRETARY KADUTHURUTHY GRAMA PANCHAYAT, KADUTHURUTHY P.O KOTTAYAM DISTRICT, PIN. 686 604 R1-R2 BY ADV. SRI.RAJESH THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31462 of 2014 (G) ---------------------------- APPENDIX PETITIONERS' EXHIBITS :

----------------------------- EXT.P1 - TRUE COPY OF THE SALE DEED DATED 17-10-2007. EXT.P2 - TRUE COPY OF THE RECEIPT DATED 26-6-2014 ISSUED FROM THE VILLAGE OFFICE, KADUTHURUTHY.

EXT.P3 - TRUE COPY OF THE REPORT DATED 25-2-2014 ISSUED BY THE CONVENER OF THE LOCAL LEVEL MONITORING COMMITTEE. EXT.P4 - TRUE COPY OF THE LETTER NO.A8-8601/14 DATED 27-10-2014 OF THE 2ND RESPONDENT.

EXT.P5 - TRUE COPY OF THE EXTRACT OF THE DATA BANK IN RESPECT OF THE PROPERTY CERTIFIED BY THE VILLAGE OFFICER, KADUTHURUTHY AND AGRICULTURAL OFFICER KADUTHURUTHY.

EXT.P6 - TRUE COPY OF THE RELEVANT EXTRACT OF THE FAIR VALUE REGISTER RESPONDENTS' EXHIBITS : NIL --------------------------------- /True Copy/ P.A to Judge.

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 31462 of 2014 (G) ---------------------------------- Dated this the 21st day of January, 2015.

JUDGMENT

In the light of the ratio laid down in Praveen v. Land Revenue Commissioner (2010 (2) KLT 617), this Court disposes of the writ petition on the same lines applying the ratio laid down by the learned Division Bench in the said decision, thereby setting aside Ext.P4.

Consequently, the second respondent is directed to consider the petitioner's application for building permission afresh, if necessary, by referring the matter to the District Town Planner, after subjecting the land in question to physical verification, and thereafter pass appropriate orders thereon, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. sd/- DAMA SESHADRI NAIDU, JUDGE.

W.P.(C) No.19225/2014 -2-