High Court of KeralaWP(C)/36311/2015disposed of

P.Syed Muhammed v. Tirur Municipality

2015-12-14Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 36311 of 2015 (L) ---------------------------- PETITIONERS:

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1. P.SYED MUHAMMED, AGED 54 YEARS, S/O.KADER HAJI, THAYYIL HOUSE, THEKKEN KUTTOOR AMSOM, VENGANOOR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT.

2. T.KADER HAJI, AGED 82 YEARS, S/O.KUNHIMUHAMMED KURIKKAL, THAYYIL HOUSE, THEKKEN KUTTOOR AMSOM, VENGANOOR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT.

BY ADVS.SRI.T.KRISHNANUNNI (SR.) SRI.VINOD RAVINDRANATH SMT.MEENA.A.

SRI.SAJU.S.A SRI.K.C.KIRAN SRI.M.DEVESH SRI.VINAY MATHEW JOSEPH RESPONDENTS:

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1. TIRUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, POST TIRUR, MALAPPURAM DISTRICT, PIN-676101.

2. SECRETARY, TIRUR MUNICIPALITY, POST TIRUR, MALAPPURAM DISTRICT PIN-676101.

3. DISTRICT TOWN PLANNER, MALAPPURAM PIN-676 505.

BY SENIOR GOVERNMENT PLEADER SMT. SANJEETHA K.A. R1 & R2 BY SRI.P.K.VIJAYAMOHANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 36311 of 2015 (L) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT MUNICIPALITY DATED 08.10.2014 EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED BY DIVISIONAL RAILWAY MANAGER DATED 7.1.2014 EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION FROM THE 2ND RESPONDENT DATED 5.1.2015.

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

ncd

V.CHITAMBARESH, J.

--------------------- W.P (C) No.36311 of 2015 --------------------- Dated this the 14th day of December, 2015

J U D G M E N T

Ext.P3 order declining the building permit was passed without notice to the applicants/petitioners. I quash Ext.P3 order as one passed in violation of the principles of natural justice.

2. The second respondent shall pass orders anew after notice to the petitioners within a period of one month. The petitioners are free to submit a revised plan if necessary to be in tune with the proposed acquisition for road.

The Writ Petition is disposed.

Sd/- V.CHITAMBARESH, Judge.

nj/14.12.15