H.Mujeeb v. The Palakkad Municipality, Palakkad

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 WP(C).No. 33897 of 2014 (J) ---------------------------- PETITIONER:

------------------ H.MUJEEB, S/O.HANEEFA, AGED 42 YEARS, RESIDING AT IRUPPUKATTIL HOUSE, PIRAYERI.P.O., PALAKKAD - 678004.

BY ADVS.SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENT:

---------------------- THE PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PALAKKAD - 678001.

BY SRI.T.C.SURESH MENON, SC SRI.P.S.APPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 33897 of 2014 (J) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1:

TRUE COPY OF DOCUMENT NO.1837 OF 2014 OF SRO PALAKKAD. P2:

TRUE COPY OF THE TAX PAID RECEIPT DT.21.5.2014. P3:

TRUE COPY OF THE POSSESSION CERTIFICATE DT.21.5.2014. P4:

TRUE COPY OF THE REJECTION NOTICE DT.25.10.14. RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 33897 of 2014 ---------------------------------------- Dated this the 22nd 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 P4.

Consequently, the 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/-