High Court of KeralaWP(C)/31886/2014disposed of

U.Krishnaprakash v. The Palakkad Municipality

2015-01-07Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 31886 of 2014 (I) ------------------------------------------ PETITIONER:

U.KRISHNAPRAKASH, S/O UNNI, AGED 38 YEARS, KRISHNA NIVAS, MOOTHANTHARA, KOPPAM, PALAKKAD.

BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENTS:

1. THE PALAKKAD MUNICIPALITY REP. BY ITS SECRETARY, MUNICIPAL OFFICE, PALAKKAD-678 101.

2. THE SECRETARY, PALAKKAD MUNICIPALITY, PALAKKAD-678 101.

3. THE DISTRICT TOWN PLANNER, OFFICE OF THE DISTRICT TOWN PLANNER, PALAKKAD-678 101.

R1 & R2 BY ADVS. SRI.T.C.SURESH MENON SRI.P.S.APPU R3 BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN WP(C).No. 31886 of 2014 (I) PETITIONER'S EXHIBITS:

EXT.P1 - TRUE COPY OF THE DOCUMENT BEARING NO. 6609/05 OF S.R.O PALAKKAD.

EXT.P2 -TRUE COPY OF LATEST LAND TAX RECEIPT. P3 - TRUE COPY OF THE POSSESSION CERTIFICATE. EXT.P4 - TRUE COPY FO THE PROCEEDINGS OF THE 2ND RESPONDENT DT. 29.9.14.

EXT.P5 - TRUE COPY OF THE JUDGMENT IN WPC NO. 16463/2010. RESPONDENT'S EXHIBITS: NIL.

/TRUE COPY/ P.S. TO JUDGE

Dama Seshadri Naidu, J.

------------------------------------------- W.P.(C)No.31886 of 2014 I -------------------------------------------- Dated this the 7th day of January, 2015

JUDGMENT

In the light of the ratio laid down in New India Assurance Co. Ltd. v. Ayisha (2011 (3) KLT 319), 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 P4. 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 third respondent, and thereafter pass appropriate orders thereon, as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment.

Dama Seshadri Naidu, Judge tkv