Quashed

Thulaseedharan v. State of Kerala

Kerala HC8 Aug 2012WP(C)/17257/2012

Case brief

AI extract

What is this about?

This writ petition challenged a building permit rejection order. The High Court observed that the rejection ignored a prior judgment in favor of the petitioner regarding the same area scheme. The court set aside the order and directed reconsideration with adherence to the prior judgment.

What did the court decide?

Petition set aside; respondents directed to reconsider application in light of prior judgment within six weeks.

Thulaseedharan Vs State of Kerala — Landlord and Tenant | 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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WEDNESDAY, THE 8TH DAY OF AUGUST 2012/17TH SRAVANA 1934

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WP(C).No. 17257 of 2012 (F)

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PETITIONER(S):

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THULASEEDHARAN, S/O.AYYAPPAN, PRADEEP NIVAS, T.C.2/269 B-8, PALOOR LANE, PUTHUPPALLY MEDICAL COLLEGE P.O.

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BY ADV. SRI.M.SREEKUMAR

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RESPONDENT(S):

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STATE OF KERALA REPRESENTED BY THE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.

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CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE PALAYAM, THIRUVANANTHAPURAM-695004.

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SECRETARY CORPORATION OF THIRUVANANTHAPURAM CORPORATION OFFICE, PALAYAM THIRUVANANTHAPURAM-695004.

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ASSISTANT ENGINEER TOWN PLANNING OFFICE CORPORATION OF THIRUVANANTHAPURAM THIRUVANANTHAPURAM-695001.

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BY ADV. SRI.N.NANDAKUMARA MENON (SR.)

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BY ADV. SRI.P.K.MANOJKUMAR

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BY GOVERNMENT PLEADER SRI.M.MOHAMMED SHAFI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).17257/12

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1: TRUE COPY OF THE SALE DEED NO.82/07 OF SUB REGISTRY OFFICE, PATTOM DATED 6-1-2007.

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EXHIBIT P2: TRUE COPY OF THE NOTICE NO.E11/BA/213/12 DATED 6-7-2012 ISSUED BY R4 TO THE PETITIONER.

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EXHIBIT P3: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC 24229/09 DATED 27-7-2010.

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/true copy/ PA To Judge

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ANTONY DOMINIC, J

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W.P.(C).17257/2012

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.............................................. Dated this the 8^th day of August, 2012

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JUDGMENT

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Heard the learned counsel for the petitioner and the learned senior Standing Counsel appearing for the Corporation.

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Ext.P2, an order passed by the respondent Corporation rejecting an application made by the petitioner for a building permit, is under challenge in this writ petition.

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Case of the petitioner is that the DTP Scheme mentioned in Ext.P2 is the Medical College Area Development Scheme and that the issue is covered in his favour by Ext.P3 judgment of this Court in W.P. (C).24229/2009.

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However, if, as stated by the petitioner, the area in question is covered by the Scheme mentioned above, obviously the issue is covered in favour of the

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W.P.(C).17257/12

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petitioner as per Ext.P3 judgment. However a reading of Ext.P2 order shows that this order was passed without adverting to Ext.P3 judgment.

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Therefore, I set aside Ext.P2 and direct respondents 2 to 4 to reconsider the application made by the petitioner on 26.6.2012 in which Ext.P2 order has been passed, in the light of Ext.P3 judgment referred to above. Orders as above shall be passed as expeditiously as possible, at any rate within six weeks of production of a copy of this judgment along with a copy of the writ petition.

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Writ petition is disposed of as above.

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Sd/- ANTONY DOMINIC, JUDGE

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mrcs

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/true copy/ PA To Judge

Thulaseedharan v. State of Kerala

Case brief

What is this about?

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Thulaseedharan v. State of Kerala

Case brief

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