Petitioner challenged a building permit granted to the third respondent. Upon arrival of an understanding between parties, the court held the issue survived no longer and closed the writ petition.
The writ petition is closed in view of an understanding arrived between the parties.
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 C.K.ABDUL REHIM
THURSDAY, THE 16TH DAY OF FEBRUARY 2012/27TH MAGHA 1933
WP(C).No. 2900 of 2012 (J)
PETITIONER(S):
SOBHANA T W/O.LATE P.MURALIDHARAN, `THEJAS', VIJAY NAGAR THANAV, OLAVAKKODE P.O., PALAKKAD DISTRICT-678 002.
BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA
RESPONDENT(S):
1. THE PUTHUPARIYARAM GRAMA PANCHAYAT
2. THE SECRETARY
3. HANCO PROPERTY DEVELOPERS PRIVATE LIMITED `HARI SREE', NETAJI NAGAR, OLAVAKKODE PALAKKAD-678 002.
R3 BY SRI.U.BALAGANGADHARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PN
WP(C).No. 2900 of 2012 (J)
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1- COPY OF THE DOCUMENT NO.745/1994 OF PUTHUPARIYARAM II VILLAGE. EXHIBIT P2- COPY OF THE BUILDING PERMIT IN RESPECT OF THE PETITIONER'S HOUSE. EXHIBIT P3- COPY OF THE APPLICATION FOR BUILDING PERMIT SUBMITTED BY THE THIRD RESPONDENT. EXHIBIT P4- COPY OF THE LETTER DATED 18.11.2011 ISSUED BY THE 2ND RESPONDENT TO THE THIRD RESPONDENT. EXHIBIT P5- COPY OF THE BUILDING PERMIT ISSUED BY THE SECOND RESPONDENT ON 03.11.2011. EXHIBIT P6- COPY OF THE BROCHURE PUBLISHED BY THE THIRD RESPONDENT. EXHIBIT P7- COPY OF THE DETAILS REGARDING THE CONSTRUCTION PUBLISHED THROUGH THE WEBSITE.
EXHIBIT P8- COPY OF THE BUILDING PLAN.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P. A. TO JUDGE
PN
C.K. ABDUL REHIM, J.
WP(C). No. 2900 of 2012
Dated this the 16th day of February, 2012
JUDGMENT
Petitioner is challenging Exhibit P5 building permit granted by the 1st respondent Panchayat, in favour of the 3rd respondent. Learned counsel appearing for the 3rd respondent raised contention regarding maintainability of this writ petition, in view of the effective alternative remedy of appeal available to the petitioner.
Sd/- C.K. ABDUL REHIM, JUDGE
/True copy/
P. A. to Judge
Pn
Sobhana T w/o. Late P. Muralidharan
The Puthupariyaram Grama Panchayat
The Secretary Puthupariyaram Grama Panchayat
Hanco Property Developers Private Limited `HARI SREE'
C.K. Abdul Rehim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
