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High Court of KeralaWP(C)/34591/2014disposed of

Tony.K.M v. Poyya Grama Panchayath

2015-09-09Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 WP(C).No. 34591 of 2014 (Y) ----------------------------------------- PETITIONERS:

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1. TONY.K.M., AGED 50 YEARS, S/O. OUSEPH, KUDIYIRIKKAL HOUSE, PUTHANVELIKKARA P.O., ERNAKULAM DISTRICT.

2. SHAJU, S/O. VARGHESE, PADAYATTY HOUSE, PUTHANVELIKKARA P.O., ERNAKULAM DISTRICT.

BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENTS:

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1. POYYA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, P.O. POYYA, THRISSUR DISTRICT - 680 733.

2. SECRETARY, POYYA GRAMA PANCHAYATH, P.O. POYYA, THRISSUR DISTRICT - 680 733.

R1,R2 BY ADV. SRI.C.A.CHACKO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34591 of 2014 (Y) ---------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT-P1 - COPY OF THE BASIC TAX RECEIPT ISSUED TO THE PETITIONER DATED 25/06/2014.

EXHIBIT-P2 - COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONERS DATED 02/12/2014.

EXHIBIT-P3 - COPY OF THE RELEVANT PORTION OF DATA BANK PREPARED BY THE AGRICULTURAL OFFICER, KRISHI BHAVAN, POYYA, WHICH SHOWS THE NAMES OF PREVIOUS OWNERS OF THE PROPERTY.

EXHIBIT-P4 - COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 04/12/2014.

EXHIBIT-P5 - COPY OF THE JUDGMENT IN W.P(C)1592/2013 DATED 06/02/2013.

RESPONDENTS' EXHIBITS : NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE DST

V. CHITAMBARESH, J.

==================== W.P. (C) No. 34591 of 2014 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of September, 2015

J U D G M E N T

The limited prayer put forth is for a direction to consider the application for building permit after conducting a site inspection of the property. There can be no objection to the course in view of the law settled by this Court. A reference shall also be made to the Data Bank as regards the nature of the land while considering the application.

2.

The second respondent is directed to consider the application for building permit (evidenced by Ext.P4 acknowledgment) within a period of one month from today. The writ petition is disposed of.

Sd/- V. CHITAMBARESH, JUDGE DST //True copy// P.A. To Judge