High Court of KeralaWP(C)/33604/2014disposed of

P.P.James v. 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. 33604 of 2014 (A) ---------------------------- PETITIONER(S)/PETITIONERS:

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1. P.P.JAMES,S/O.PATHU.P.I., AGED 60 YEARS PULIKKOTTIL HOUSE, YAKKARA, PALAKKAD-678 014.

2. JERY JAMES, S/O.P.P.JAMES, AGED 28 YEARS PULIKKOTTIL HOUSE, YAKKARA, PALAKKAD-678 014 BY ADVS.SRI.S.KANNAN SMT.K.S.SANGEETHA SMT.S.SIMY RESPONDENT(S)/RESPONDENT:

------------------------- PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE PALAKKAD-678 001 R1 BY ADV. SRI.T.C.SURESH MENON BY ADV. SRI.A.R.NIMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33604 of 2014 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXT.P1 : COPY OF THE LAND TAX RECEIPT PERTAINING TO THE SAID EXTENT OF LAND ISSUED BY VILLAGE OFFICER, PALAKKAD-1 VILLAGE, PALAKKAD FOR THE ASSESSMENT YEAR 2013-14 EXT.P2 : COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT REJECTING APPLICATION OF THE PETITIONERS FOR BUILDING PERMIT RESPONDENT(S)' EXHIBITS NIL ------------------------- //TRUE COPY// P.A TO JUDGE vdv

DAMA SESHADRI NAIDU, J.

========================= W.P(C) No.33604 of 2014 ============================ Dated this the 07th day of January, 2015

JUDGMENT

Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondent, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2. In the light of the judgment dated 13.10.2011 rendered by this Court in W.P.(C) No.16463 of 2010, the present writ petition is also disposed of applying the same ratio as contained therein, thereby quashing Ext.P2. Consequently, the respondent Municipality is directed to consider the petitioners' application for building permission in accordance with law and 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.

Sd/- DAMA SESHADRI NAIDU, JUDGE vdv //True Copy// P.A to judge