Shahul Hameed v. Kariyad Grama Panchayat
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 WP(C).No. 34408 of 2014 (A) ---------------------------- PETITIONER :
------------------------ SHAHUL HAMEED, S/O.PUTHIYAVEETIL MOORKOTHKANDI KADER HAJI, PERINGATHOOR.P.O., KANNUR DISTRICT.
BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.
RESPONDENT(S):
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1. KARIYAD GRAMA PANCHAYATH, KARIYAD SOUTH .P.O., KANNUR DISTRICT, REPRESENTED BY THE SECRETARY.
2. THE SECRETARY, KARIYAD GRAMA PANCHAYATH, KARIYAD SOUTH.P.O., KANNUR DISTRICT.
R1 & R2 BY ADV. SRI.CIBI THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).NO.34408/2014 APPENDIX PETITIONER'S EXHIBITS:
P1 COPY OF THE GIFT DEED NO.1406/2004 OF CHOKLI SRO. P2 COPY OF THE PHOTOGRAPHS OF PETITIONER'S PROPERTY AND ADJOINING PROPERTIES.
P3 COPY OF THE RECEIPT DATED 25/11/2014 ISSUED BY THE 2ND RESPONDENT P4 COPY OF THE ORDER DATED 28/11/2014 ISSUED BY THE 2ND RESPONDENT RESPONDENT'S EXHIBITS:
NIL /TRUE COPY/ P.A.TO.JUDGE sts
DAMA SESHADRI NAIDU, J.
--------------------------------------- W.P.(c) No. 34408 of 2014 ---------------------------------------- Dated this the 29th 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 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 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/-