Allowed

The Vengola Grama Panchayath v. Stephen Varghese

Kerala HC18 Jun 2014RP/885/2013

Case brief

AI extract

What is this about?

The Court allowed a review petition filed by a Grama Panchayath against a judgment that incorrectly directed the wrong petitioner to consider a building permit application. The judgment was modified to direct the correct authority to act.

What did the court decide?

The judgment was modified to direct the 1st petitioner to consider the application for building permit and pass fresh orders within one month.

The Vengola Grama Panchayath Vs Stephen Varghese — Kerala HC (2014) — LawSathi Research

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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 K.SURENDRA MOHAN

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WEDNESDAY, THE 18TH DAY OF JUNE 2014/28TH JYAISHTA, 1936

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RP.No. 885 of 2013 (M) IN WP(C).18529/2013

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AGAINST THE JUDGMENT IN WP(C) 18529/2013 of HIGH COURT OF KERALA DATED 01-10-2013

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REVIEW PETITIONERS/RESPONDENTS IN THE WRIT PETITION:

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THE VENGOLA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VENGOLA P.O PERUMBAVOOR, ERNAKULAM DISTRICT 683554

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THE SECRRETARY, VENGOLA GRAMA PANCHAYATH, VENGOLA P.O, PERUMBAVOOR ERNAKULAM DISTRICT 683554

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BY ADV. SRI.C.A.NAVAS

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RESPONDENT (PETITIONER AND RESPONDENTS IN THE WRIT PETITION):

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STEPHEN VARGHESE, AGED 52 YEARS S/O VARGHESE, VATTAPPARAMBIL HOUSE, VENGOLA P.O ERNAKULAM DISTRICT 683554

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R BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP.No. 885 of 2013 (M) IN WP(C).18529/2013

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT.P1 : THE CERTIFIED COPY OF THE JUDGMENT DATED 01.10.2013 IN W.P.(C) NO.18529/2013

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RESPONDENT'S EXHIBITS : NIL

/TRUE COPY/

P.A TO JUDGE

K.SURENDRA MOHAN, J.

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R.P.No.885 of 2013 in W.P.(C).No.18529 of 2013

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Dated this the 18^th day of June, 2014

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O R D E R

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The respondents in the writ petition have filed this review petition seeking a modification of the direction issued to the 2^nd petitioner to consider and pass orders on the application for the issue of a building permit to start a cement bricks manufacturing unit. According to the petitioners, it is the 1^st petitioner Panchayath that is statutorily empowered to consider the application. Exts.P5 and P6 in the writ petition are the proceedings by which the application of the respondent herein had been rejected. However, in the judgment the 2^nd petitioner has been directed to consider the application, which according to the petitioners, is a mistake.

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Heard. It is true that Ext.P5 was issued on the basis of a resolution of the 1^st petitioner, Ext.P6. Therefore, the direction ought to have been issued to the 1^st petitioner. For the above reason, this review petition is allowed.

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The judgment sought to be reviewed is modified to the limited extent of directing the 1^st petitioner to consider the application submitted by the respondent and to pass fresh orders on the application for building permit of the respondent,

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R.P.No.885 of 2013 in W.P.(C).No.18529/2013 2

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as directed in the judgment dated 01.10.2013. The matter shall be considered and appropriate orders shall be passed as expeditiously as possible and at any rate within a period of one month of the date of receipt of a copy of this order.

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Sd/- K.SURENDRA MOHAN, JUDGE.

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The Vengola Grama Panchayath v. Stephen Varghese

Case brief

What is this about?

What did the court decide?

The Vengola Grama Panchayath v. Stephen Varghese

Case brief

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