High Court of KeralaWP(C)/32112/2014disposed of

Benny v. Secretary,Trichur Corporation

2015-02-26Honourable Mr. Justice Dama Seshadri Naidu5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 WP(C).No. 32112 of 2014 (L) ---------------------------- WRIT PETITIONER/DEFENDANT:- -------------------------------------

1. BENNY, AGED 51 YEARS, S/O.PHILIP, THANIKAMATTAM HOUSE, KUTTUR VILLAGE, TRICHUE THALUK, P.O.POTTORE, TRICHUR - 680 581.

2. REENA BENNY, AGED 41 YEARS, W/O.BENNY, THANIKAMATTAM HOUSE, KUTTUR VILLAGE, TRICHUE THALUK, P.O.POTTORE, TRICHUR - 680 581. BY ADV. SRI.VINAY RAMDAS RESPONDENT/PLAINTIFF:- -----------------------------

1. SECRETARY, TRICHUR CORPORATION, TRICHUR - 680 001.

2. LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CHAIRMAN MAYOR, TRICHUR CORPORATION, TRICHUR - 680 001.

3. REVENUE DIVISIONAL OFFICER, TRICHUR - 680 001.

4. SATE OF KERALA, REPRESENTED BY SECRETARY, URBAN AFFAIRS DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 680 001.

R BY SMT. K.A. SANJEETHA, GOVERNMENT PLEADER R BY SRI.KODOTH SREEDHARAN, SC,THRISSUR CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32112 of 2014 (L) ---------------------------- : 2 :

APPENDIX PETITIONERS' EXHIBITS :

----------------------------- EXHIBIT P1. COPY OF TITLE DEED OF 5 CENTS OF LAND LOCATED IN NETTISERY VILLAGE, TRICHUR DISTRICT WITH SY NO.588/1P AS PER DOCUMENT NO.3769/2013 OF OLLUKARA S.R.O.

EXHIBIT P2. COPY OF PLAN FOR THE PROPOSED BUILDING SUBMITTED ALONG WITH THE APPLICATION FOR PERMIT (OLK3/481/13-14 DATED 04.02.2014). EXHIBIT P3. COPY OF BUILDING TAX RECEIPT OF ONE MEENAKSHI VIJAYAN, W/O.VIJAYAN, NEDUMVEETIL HOUSE, NETTISERY.

RESPONDENTS' EXHIBITS : NIL ------------------------------- /True Copy/ P.A to Judge.

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 32112 of 2014 ---------------------------------- Dated this the 26th day of February, 2015.

JUDGMENT

The petitioners, husband and wife, with an intention to construct a residential building, are said to have applied through Ext.P2 to the first respondent for building permit. Ventilating their grievance that though Ext.P2 application was submitted more than a year ago, so far it has not been disposed of, the petitioners have filed the present writ petition.

2. Heard the learned counsel for the petitioners, apart from perusing the record. Since the grievance of the petitioners is narrow in scope that their application is to be disposed of by the authorities in accordance with law, I have proposed to dispose of the writ petition without further adjournment.

W.P.(C). No. 32112/2014 -2In the facts and circumstances, having regard to the respective submissions made by the learned counsel for the petitioners and the learned Government Pleader for respondents 2 to 4, this Court, without adverting to the merits of the matter, disposes of the writ petition with a direction to respondents 1 and 2 to consider the petitioners' application in accordance with law and 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. 32112/2014 -3-