High Court of KeralaWP(C)/34647/2014disposed of

P. Surendran v. Palakkad Municipality

2015-01-29Honourable Mr. Justice Dama Seshadri Naidu3 pages

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. 34647 of 2014 (E) ---------------------------- PETITIONER(S):

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1. P. SURENDRAN, S/O BHASKARA MENON, AGED 64 YEARS, AND RESIDING AT PANANGOTTE KALAM, PARUTHIPULLY, P.O, PERINGOTTUKURUSSIL VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT.

2. DEVAKI SURENDRAN, AGED 58 YEARS, AND RESIDING AT PANANGOTTE KALAM, PARUTHIPULLY P.O, PERINGOTTUKURUSSIL VILLAGE, ALATHUR TALUK, PALAKKAD DISTRICT.

BOTH REPRESENTED BY THIER POWER OF ATTORNEY HOLDER A.V.MADHUSUDHANAN NAIR, S/O.KOCHUGOPALAN NAIR, AGED 67 YEARS AND RESIDING AT 7/369(1), 'SIVESHWAR', A-29, GANESH NAGAR, SEKHARIPURAM P.O., PALAKKAD-678010. BY ADVS.SRI.T.V.VINU SRI.JAISHANKAR V.NAIR SMT.ARATHI KARUNAKARAN SMT.PARVATHY S.KRISHNAN RESPONDENT(S):

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1. THE PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PALAKKAD-678001.

2. CHIEF TOWN PLANNER, DISTRICT TOWN PLANNING OFFICE, CIVIL STATION BUILDING, PALAKKAD-678001.

BY SRI.T.C.SURESH MENON(SENIOR ADVOCATE) ADV. SRI.P.S.APPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 34647 of 2014 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1:

TRUE COPY OF THE POSSESSION CERTIFICATE.

EXHIBIT P2:

TRUE COPY OF THE COMMUNICATION NO.BA/598/14-15/PW5 DATED 19.11.2014.

RESPONDENT(S)' EXHIBITS:

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

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 34647 of 2014 ---------------------------------------- Dated this the 29th day of January, 2015

JUDGMENT

In the light of the ratio laid down in the judgment dated 02.04.2012 in W.P. (C) No. 4522/2012 and connected cases, the present writ petition is also disposed of on the same lines applying the ratio laid down by the learned single Judge in the said decision, thereby quashing Exhibit P2.

Consequently, the first 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 one month from the date of receipt of a copy of this judgment. DAMA SESHADRI NAIDU JUDGE DMR/-