High Court of KeralaWP(C)/35346/2014disposed of

Sajith.V v. The Anakkayam Grama Panchayath

2015-03-04Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 WP(C).No. 35346 of 2014 (P) ---------------------------- PETITIONER :

--------------------- SAJITH V., S/O.PRABHAKARAN, CHAITHANYA HOUSE, OLIYANGOTTU PARAMBU PAPPINIPARA, MALAPPURAM DISTRICT.

BY ADVS.SRI.BABU S. NAIR SRI.R.RANJITH RESPONDENT(S) :

----------------------------

1. THE ANAKKAYAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ANAKKAYAM MALAPPURAM DISTRICT, PIN - 676 509.

2. THE SECRETARY ANAKKAYAM GRAMA PANCHAYATH, ANAKKAYAM MALAPPURAM DISTRICT, PIN - 676 509.

R1 & R2 BY ADV. SRI.K.SHIBILI NAHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

WP(C).No. 35346 of 2014 (P) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P-1:

TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 18.11.2014 REJECTING THE APPLICATION FOR BUILDING PERMIT SUBMITTED BY THE PETITIONER.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------ //TRUE COPY// P.A. TO JUDGE Mn

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 35346 of 2014 ---------------------------------------- Dated this the 04th day of March, 2015

JUDGMENT

In the light of the ratio laid down in Praveen v. Land Revenue Commissioner [2010 (2) KLT 617], 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 P1.

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/-