The petitioner challenged a building permit granted to his neighbors, alleging suppression of his properties. The Court directed the Panchayat to reconsider the permit and hear all parties within one month.
Petitioner directed to be heard by the first respondent within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931
WP(C).No. 15709 of 2009(G)
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PETITIONER(S):
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A.K.SUBAIR,S/O.AHMEDKUTTYMAN, WEST PATHANAPURAM,MALAPPURAM DISTRCIT.
BY ADVS. MR.M.KRISHNAKUMAR
SMT.PRABHA R.MENON
RESPONDENT(S):
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1. THE AREACODE GRAMA PANCHAYATH, REP.BY ITS SECRETARY.
2. THE TOWN PLANNING OFFICER,MALAPPURAM.
3. MUNDAMBRA JALEEL, S/O.MUNDAMBRA ENTHEENKUTTY,MUNDAMBRA VEEDU, THAZHE KOZHAKATOOR,AREACODE AMSOM DESOM, ERNAD TALUK.
4. KABEER,S/O.MUNDAMBRA ENTHEENKUTTY, MUNDAMBRA VEEDU,THAZHE KOZHAKATOOR, AREACODE AMSOM DESOM,ERNAD TALUK.
5. MUSTHAFA,S/O.MUNDAMBRA ENTHEENKUTTY, MUNDAMBRA VEEDU,THAZHE KOZHAKATOOR, AREACODE AMSOM DESOM,ERNAD TALUK.
R1 BY ADV. MR.BABU S. NAIR R2 BY GOVT. PLEADER MR.MATHEW VADAKKAL R3 & R5 BYADVS. MR.T.K.SAIDALIKUTTY SMT.ANITHA M.N. (EKM)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO.15709/2009
APPENDIX
PETITIONER'S EXHIBITS
P1:- COPY OF THE REGD. ASSIGNMENT DEED NO.3028/07 DT. 1.6.07 OF SRO AREACODE.
P2A:- COPY OF THE LOCATION PLAN SUBMITTED BY THE 3RD RESPONDENT TO IST RESPONDENT OBTAINED FROM THE OFFICE OF THE IST RESPONDENT.
P2B:- COPY OF THE 2ND COPY OF EXT.P2A IN WHICH THE PETITIONER'S PROPERTY IS MARKED IN RED COLOUR BY THE PETITIONER.
P3A:- COPY OF THE SITE PLAN SUBMTITED BY THE 3RD RESPONDENT.
P3B:- COPY OF THE SHADED VERSION SHOWING THE PETITIONER'S PROPERTY.
P4A:- COPY OF THE APPLICATION AND THE ORDER PASSED BY THE LEARNED SUB JUDGE ON 8.4.09.
P4B:- COPY OF THE TYPED COPY OF THE EX. P4A ORDER DT. 8.4.09.
P5:- COPY OF THE PLAN SUBMITTED BY THE ADVOCATE COMMISSIONER IN THE SUIT.
P6:- COPY OF THE LAWYER NOTICE DT. 8.4.09.
P7:- COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER ALONG WITH HIS BROTHER .
P8:- COPY OF THE LAWYER NOTICE ON 28.5.09.
TRUE COPY
P.S. TO JUDGE
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THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.15709 of 2009-G
= = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of June, 2009.
JUDGMENT
The petitioner states that respondents 3 to 5 have obtained a building permit from the first respondent suppressing the fact regarding the existence of two buildings belonging to the petitioner which abut into the property in relation to which the permit is obtained. He seeks a direction to the first respondent to reconsider the permit in the light of certain materials which he relies on. The panchayat is prepared to do so. It is so submitted by its learned counsel. The learned counsel appearing for respondents 3 to 5 also states that the said respondents have no objection in such a course being adopted.
For the aforesaid reasons, without expressing
WP(C)15709/09 -: 2 :-
anything on merits, this writ petition is ordered directing that the first respondent will hear the petitioner and respondents 3 to 5 and pass appropriate orders touching the objections of the petitioner to the permit in question. Let this be done within a period of one month from the date of receipt of a copy of this judgment.
THOTTATHIL B. RADHAKRISHNAN, JUDGE.
Sha/170609
1 issue framed by the court
Whether the Grama Panchayath should reconsider the building permit obtained by respondents 3 to 5 suppressing the existence of the petitioner's buildings.
A.K. Subair
The Areacode Grama Panchayath
The Town Planning Officer, Malappuram
Mundambra Jaleel
Kabeer
Musthafa
Thottathil B. Radhakaran
As recorded by the court registry
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