Dismissed

Eramala Grama Panchayath v. K.K. Asharaf

Kerala HC15 Oct 2012RP/915/2012

Case brief

AI extract

What is this about?

In this review petition, the Kerala High Court dismissed the appeal by the Eramala Grama Panchayath challenging the issuance of building permits. The Court held that the absence of property in the extant data bank could not be a valid ground to deny permits, especially since the proposal for a new data bank was being prepared.

What did the court decide?

The review petition was dismissed.

Eramala Grama Panchayath Vs K.K. Asharaf — Writ and Judicial Review | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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MONDAY, THE 15TH DAY OF OCTOBER 2012/23RD ASWINA 1934

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RP.No. 915 of 2012

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-------------------AGAINST THE ORDER/JUDGMENT IN WPC.NO.9058/2012 DATED 6/7/2012

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REVIEW PETITIONER(S)/RESPONDENTS 1 & 2:

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1. ERAMALA GRAMA PANCHAYATH,

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REPRESENTED BY ITS SECRETARY, VADAKARA-673501.

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2. THE ASSISTANT ENGINEER,

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LSGD SECTION, ERAMALA GRAMA PANCHAYATH, VADAKARA - 673501.

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BY ADV. SRI.ASOK M.CHERIAN

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RESPONDENT(S)/PETITIONERS:

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1. K.K. ASHARAF,

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KUNNUVAYAL KUZHIYIL, S/O.USMAN (LATE), AGED 38 YEARS,

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CHOMBALA P.O., ORAKKATTERI, VADAKARA, KOZHIKODE-673308.

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2. KUNHABDULLA HAJI,

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KALLUVALAPPIL, EDACHERRY P.O., VADAKARA TALUK - 673502.

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3. DEVADAS, THAYYIL HOUSE, MADAPPALLY COLLEGE P.O., VADAKARA TALUK, KOZHIKODE-673102.

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4. NASER, NAZLEENA MANZIL, MUTTUNGAL P.O., CHORODE, KOZHIKODE-673010.

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5. JAYAJITH K.P.,

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JAYA NIVAS, MADAPPALLY COLLEGE P.O., VADAKARA TALUK, KOZHIKODE - 673102.

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6. SHAJAHAN, CHILLIYIL HOUSE, COMBALA P.O., VADAKARA, KOZHIKODE-673308.

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7. THE VILLAGE OFFICER, ERAMALA, VADAKARA-673501.

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8. REVENUE DIVISIONAL OFFICER, KOZHIKODE-673001.

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BY SRI.RINNY STEPHEN CHAMAPARAMPIL, GOVERNMENT PLEADER

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 15-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP.No. 915 of 2012

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANN.A1: COPY OF THE MINUTES OF MEETING DATED 4/4/2012, CONVENED AT GOVERNMENT GUEST HOUSE, THYCAUD, BY THE MINISTER FOR REVENUE UNDER HIS CHAIRMANSHIP.

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ANN.A2: COPY OF THE ORDER DATED 29/6/2012 ISSUED BY THE DISTRICT COLLECTOR, KOZHIKODE.

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

ANTONY DOMINIC,J

Review Petition No.915 of 2012 in

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W.P.(C)No.9058 of 2012

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Dated this the 15^th day of October, 2012

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ORDER

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The writ petition was disposed of on 06.07.2012, taking note of the fact that in Ext.P5 data bank, the petitioners property was not included and therefore, permits shall be issued on their applications for building permit. In this review petition what the Panchayath is contending is that in Ext.P5 and other data banks, which have already been prepared, there are several omissions and therefore, a policy decision has been taken by the Government to prepare a fresh data bank. Therefore, they contend that even if the petitioners property is not mentioned in Ext.P5, that shall not be a ground for allowing the petitioners case.

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Even if the submission made by the learned counsel for the review petitioners is accepted, it only leads to a situation where there is no data bank. Even in such a case also, the application deserves to be allowed since a proposal for the preparation of data bank can be no reason to decline the

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Review Petition No.915 of 2012 in W.P.(C)No.9058 of 2012

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: 2 :

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application made by the writ petitioners. Therefore, I do not see any ground to entertain the review petition.

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Accordingly, the review petition is dismissed.

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Sd/- ANTONY DOMINIC, JUDGE

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Eramala Grama Panchayath v. K.K. Asharaf

Case brief

What is this about?

What did the court decide?

Eramala Grama Panchayath v. K.K. Asharaf

Case brief

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What the court decided

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