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High Court of KeralaWP(C)/37760/2015disposed of

Binu P.M. v. The Koovappady Grama Panchayath

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. 37760 of 2015 (T) PETITIONER:

-------------------------- BINU P.M., S/O.MICHEAL, PARAPPURAM HOUSE, KOOVAPPADY P.O., ERNAKULAM DISTRICT-683 544.

BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS:

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

1. THE KOOVAPPADY GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, KOOVAPPADY PO ERNAKULAM DISTRICT-683 544.

2. THE SECRETARY KOOVAPPADY GRAMA PANCHAYAT, KOOVAPPADY PO ERNAKULAM DISTRICT-683 544.

BY SRI.R.RANJITH, SC, KOOVAPPADY GRAMA PANCHAYAT 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. 37760 of 2015 (T) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

A TRUE COPY OF THE PERMIT NO.A2-6348 DT 23-9-2014 ISSUED BY THE 1ST RESPONDENT.

P2 :

A TRUE COPY OF THE D & O LICENSE ISSUED BY THE 1ST RESPONDENT DT 27-6-2015.

P3 :

A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DT 25-6-2015.

P4 :

A TRUE COPY OF PHOTOGRAPHS OF THE TEMPORARY SHED CONSTRUCTED BY THE PETITIONER.

P5 :

A TRUE COPY OF THE NOTICE NO.A3-8046/15 DT 27-11-2015 ISSUED BY THE 2ND RESPONDENT.

P6 :

A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT 3-12-2015 ALONG WITH THE PLAN. P7 :

A TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 1ST RESPONDENT DT 3-2-2015.

P8 :

A TRUE COPY OF THE EXPLANATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT 3-12-2015.

P9 :

A TRUE COPY OF THE ACKNOWLEDGEMENT OF EXT P8 DT 3-12-2015. RESPONDENT(S)' EXHIBITS:- NIL /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J W.P.(C). NO. 37760 OF 2015 ---------------------------------------- Dated this the 14th day of December, 2015

JUDGMENT

All that the petitioner prays is that the demolition threatened by Ext.P5 notice to be put on hold till orders are passed on Ext. P6 application for regularisation. 2.

I direct the second respondent to consider Ext. P6 application with notice to the petitioner within a period of one month. The enforcement of Ext. P5 notice shall be kept in abeyance till orders are passed on Ext. P6 application as directed above.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS