The High Court quashed an order denying a building permit because it was passed without physical verification of the land. The petitioner argued the land was a developed garden, not 'Nilam', and directed fresh verification.
Ext.P3 order quashed and direction for physical verification of the land and fresh orders within 6 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 6TH DAY OF AUGUST 2012/15TH SRAVANA 1934
WP(C).No. 10626 of 2012 (C)
PETITIONER(S):
KOLLAKANDI SURENDRAN, AGED 45 YEARS S/O. BAPPUTTY, CHAVASSERY AMSOM, ULIYIL DESOM THALASSERY TALUK, KANNUR DISTRICT.
BY ADV. SRI.K.PRAVEEN KUMAR
RESPONDENT(S):
1. SPECIAL GRADE SECRETARY KEEZHUR - CHAVASSERY GRAMA PANCHAYATH, PUNNAD P.O. KANNUR DISTRICT-670 703.
2. KEEZHUR-CHAVASSERY GRAMA PANCHAYATH
3. THE DISTRICT COLLECTOR, KANNUR-670 001.
4. SUB COLLECTOR (REVENUE DIVISIONAL OFFICER) THALASSERY-670 101.
BY ADV. SRI.CIBI THOMAS
R3 & R4 BY GOVERNMENT PLEADER SMT.SEREENA GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P(C) NO.10626/2012
APPENDIX
PETITIONER(S) EXHIBITS
EXT.P1 :- COPY OF THE SETTLEMENT DEED BY WHICH THE PETITIONER OBTAINED THE PROPERTY.
EXT.P2 :- COPY OF THE BASIC TAX RECEIPT.
EXT.P3 :- COPY OF THE ORDER OF THE 1ST RESPONDENT DTD. 6.7.2011.
EXT.P4 :- COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT. EXT.P5 :-COPY OF THE REPORT SUBMITTED BY THE AGRICULTURAL OFFICER. EXT.P6 :-COPY OF THE REPORT SUBMITTED BY THE AGRICULTURAL OFFICER. EXT.P7 :- COPY OF THE REPORT SUBMITTED BY THE ADDITIONAL TAHSILDAR, THALASSERY.
EXT.P8 :- COPY OF THE PHOTOGRAPHS SHOWING THE NATURE OF THE PROPERTY.
RESPONDENTS' EXHIBITS
NIL
//TRUE COPY//
P.S. TO JUDGE
tss
ANTONY DOMINIC, J.
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W.P.(C) NO.10626 OF 2012(C)
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Dated this the 6th day of August, 2012
J U D G M E N T
Heard the counsel for the petitioner, learned counsel appearing
for respondents 1 and 2 and the learned Government Pleader appearing for respondents 3 and 4.
WPC.No. 10626/2012
:2 :
passed without such physical verification and without ascertaining the true state of affairs.
Therefore, I quash Exts.P3 and direct that a physical verification of the land in question should be conducted and on the basis of which, fresh orders on the application submitted by the petitioner shall be passed. This shall be done within 6 weeks from the date of receipt of a copy of the judgment.
Writ Petition is disposed of as above.
(ANTONY DOMINIC) JUDGE
vi/
WPC.No. 10626/2012
:3 :
2 issues framed by the court
Whether the order rejecting building permit application due to land description as 'Nilam' without physical verification should be quashed.
Whether the impugned order passed without physical verification of the land is sustainable.
KOLLAKANDI SURENDRAN
SPECIAL GRADE SECRETARY KEEZHUR - CHAVASSERY GRAMA PANCHAYATH
KEEZHUR-CHAVASSERY GRAMA PANCHAYATH
THE DISTRICT COLLECTOR, KANNUR
SUB COLLECTOR (REVENUE DIVISIONAL OFFICER) THALASSERY
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
