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High Court of KeralaWP(C)/34580/2015disposed of

Praveen v. Kozhikode Municipal Corporation

2015-12-17Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 WP(C).No. 34580 of 2015 (V) ---------------------------- PETITIONERS:

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1. PRAVEEN, AGED 58 YEARS, S/O.VIJIAYARAGHAVAN, MATHRADICKAL HOUSE, ATHANICKAL, WEST HILL P.O., KOZHIKODE.

2. SAJI, AGED 47 YEARS, S/O.VIJAYARAGHAVAN, MATHRADICKAL HOUSE, ATHANICKAL.

WEST HILL P.O., KOZHIKODE.

3. SUNIL J SHAH, AGED 58 YEARS, S/O.JITHENDAR SHAH, MATHRADICKAL HOUSE, ATHANICKAL, WEST HILL P.O., KOZHIKODE.

BY ADV. SRI.YASH THOMAS MANNULLY RESPONDENTS:

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1. KOZHIKODE MUNICIPAL CORPORATION, REP. BY ITS SECRETARY, BEACH ROAD, KOZHIKODE 673 032.

2. SECRETARY, KOZHIKODE MUNICIPAL CORPORATION, BEACH ROAD, KOZHIKODE 673 032.

R1-R2 BY ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34580 of 2015 (V) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :- TRUE COPY OF TAX RECEIPT DTD 27/10/2015 ISSUED BY THE VILLAGE OFFICER, KATCHERI EXHIBIT P2 :- TRUE COPY OF THE POSSESSION DTD 31/10/2015 ISSUED BY THE VILLAGE OFFICER, KATCHERI EXHIBIT P3 :- TRUE COPY OF THE ORDER DTD 17/7/2015 ISSUED BY THE EXECUTIVE ENGINEER EXHIBIT P4 :- TRUE COPY OF THE JUDGMENT DTD 2/11/2015 IN WPC NO 31684/2015 BEFORE THE HON'BLE COURT RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

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V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 34580 OF 2015 ---------------------------------------- Dated this the 17th day of December, 2015

JUDGMENT

The issue is covered by Ext.P4 judgment in W.P.(C). No. 31684/2015. The reasonings therein will govern the present writ petition also.

2.

Ext. P3 order declining building permit to the petitioners is therefore quashed. The second respondent is directed to reconsider the application for building permit put in by the petitioners. The same shall be done with notice to the petitioners within a period of one month.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS