High Court of KeralaWP(C)/31519/2014disposed of

Rukhiya v. Irimbiliyam Grama Panchayath

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. 31519 of 2014 (L) ----------------------------------------- PETITIONER : - ---------------------- RUKHIYA, AGED 34 YEARS, W/O.MOIDEENKUTTY, CHUNGATH HOUSE, CHEMBRA P.O., THIRUVEGAPPURA VIA, PALAKKAD DISTRICT.

BY ADVS.SRI.SANTHEEP ANKARATH SRI.ARUN MATHEW VADAKKAN RESPONDENTS : - ---------------------------

1. IRIMBILIYAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VALIYAKUNNU POST, MALAPPURAM DISTRICT, PIN - 676 552.

ADDL. R2 IMPLEADED ADDL R2. THE REVENUE DIVISIONAL OFFICER , TIRUR - 676 101, MALAPPURAM.

(ADDL.R2 IS IMPLEADED AS PER ORDER DATED 11.12.2014 IN IA 16791/14.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31519 of 2014 (L) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : COPY OF ORDER No. A4-1571/14 DATED 23.7.2014 ISSUED BY THE RESPONDENT.

EXHIBIT P2 : COPY OF THE RELEVANT PAGE OF THE DATA BANK DATED NIL CONCERNING PROPERTY OF THE PETITIONER.

EXHIBIT P3 : COPY OF THE PHOTOGRAPHS (3 NOS) OF THE PROPERTY OF THE PETITIONER.

RESPONDENTS' EXHIBITS : - NIL.

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

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 31519 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 P1.

Consequently, the first 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/-