Francis v. The Manjapra Grama Panchayath

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 WP(C).No. 33532 of 2014 (N) --------------------------------------------- PETITIONER:

FRANCIS, AGED 46 YEARS, S/O.PAPPU, THUPAPTHI HOUSE, NEELISWARAM, KALADI P.O., ERNAKULAM DISTRICT.

BY ADVS.SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS:

1. THE MANJAPRA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MANJAPRA P.O., ERNAKULAM DISTRICT - 683 581.

2. THE SECRETARY, MANJAPRA GRAMAPANCHAYATH, MANJAPRA P.O.

ERNAKULAM DISTRICT - 683 581.

R1 & R2 BY ADV. SRI.S.DILEEP (KALLAR) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN WP(C).No. 33532 of 2014 (N) PETITIONER'S EXHIBITS:

EXHIBIT P1. THE TRUE COPY OF THE REGISTERED SALE DEED NO.3131/1987 OF ANGAMALI SRO.

EXHIBIT P2. THE TRUE COPY OF THE LOCATION SKETCH. EXHIBIT P3. THE TRUE COPY OF THE DRAFT DATA BANK. EXHIBIT P4. THE TRUE COPY OF THE REJECTION ORDER. RESPONDENTS' EXHIBITS: NIL.

/TRUE COPY/ P.S. TO JUDGE

Dama Seshadri Naidu, J.

------------------------------------------- W.P.(C)No.33532 of 2014 N -------------------------------------------- Dated this the 28th day of January, 2015

JUDGMENT

In the light of the ratio laid down in Adani Infrastructure and Developers Pvt. Ltd. v. State of Kerala (2014 (1) KLT 774), the present writ petition is also disposed of on the same lines applying the ratio laid down by this Court 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 District Town Planner, and thereafter pass appropriate orders, 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