Remanded

Assis K.K v. the Rayamangalam Grama Panchayath

Kerala HC22 Sept 2014WP(C)/20729/2014

Case brief

AI extract

What is this about?

Petitioner challenged the denial of a building permit for a paddy field via writ petition. Court set aside the order passed without notice or inspection, directing the respondent to re-evaluate the application after a proper site inspection with notice.

What did the court decide?

Order Ext.P3 set aside; respondent directed to consider application for building permit after inspection with notice within one month.

Assis K.K Vs the Rayamangalam Grama Panchayath — Land Acquisition | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN

¶4

MONDAY, THE 22ND DAY OF SEPTEMBER 2014/31ST BHADRA, 1936

¶5

WP(C).No. 20729 of 2014 (M)

¶6

PETITIONER :

¶7

ASSIS K.K

¶8

S/O.PAREED, KANAMPURAM HOUSE, VATTAKATTUPADY PERUMBAVOOR - 683 542.

¶9

BY ADV. SRI.JOHN JOSEPH(ROY)

¶10

RESPONDENTS :

¶11

THE RAYAMANGALAM GRAMA PANCHAYATH RAYAMANGALAM P.O., KURUPPAMPADI

¶12

ERNAKULAM DISTRICT - 683 545.

¶13

SECRETARY

¶14

RAYAMANGALAM GRAMA PANCHAYATH, RAYAMANGALAM P.O. KURUPPAMPADI, ERNAKULAM DISTRICT - 683 545.

¶15

VILLAGE OFFICER

¶16

VILLAGE OFFICE PERUMBAVOOR, PERUMBAVOOR P.O. ERNAKULAM DISTRICT - 683 542.

¶17

R1 & R3 BY ADV. SRI.BINU PAUL

¶18

R2 BY GOVERNMENT PLEADER SMT.SANJEETHA.K.A.

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

WP(C).No. 20729 of 2014 (M)

¶21

APPENDIX

¶22

PETITIONER(S)' EXHIBITS

¶23

P1 - TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 3RD RESPONDENT DT. 07.2.14.

¶24

P2 - TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE 3RD RESPONDENT DT. 07.2.14.

¶25

P3- TRUE COPY OF THE LETTER DENYING THE PERMISSION ISSUED BY THE 2ND RESPONDENT DT.10.7.2014.

¶26

P4 - TRUE COPY OF THE REPRESENTATION DT. 15.7.14 SUBMITTED BEFORE THE 2ND RESPONDENT.

¶27

P5 - TWO PHOTOS OF THE PROPERTY COVERED BY EXT. P1 AND P2.

¶28

RESPONDENT(S)' EXHIBITS : NIL

/TRUE COPY/

P.A TO JUDGE

K.SURENDRA MOHAN, J. ------------------------------------ W.P.(C) No.20729 of 2014

¶33

Dated this the 22^nd day of September, 2014

¶34

J U D G M E N T

¶35

The petitioner has filed this writ petition aggrieved by Ext.P3 proceedings of the 2^nd respondent by which, he has been informed that the application for building permit submitted by him could not be granted for the reason that, his property was found to be a paddy field on inspection. The petitioner disputes that no such inspection was conducted. According to the petitioner, no notice was issued to the petitioner. Therefore, an inspection with notice to the petitioner is necessary, according to the counsel. Ext.P5 photographs are relied upon to point out that the property is cultivated with valuable improvements, which are fully grown up. It is contended that, the photographs show the petitioner's property to be a dry land. Adv.Sri.Binu Paul appears for respondents 1 and 2. The learned Government Pleader appears for the 3^rd respondent.

¶36

Since Ext.P3 was passed without notice to the petitioner and it is disputed that any inspection of the site was conducted by the 2^nd respondent, I am satisfied that it is necessary for the 2^nd respondent to make a fresh inspection and to decide the matter afresh. Ext.P3 is therefore, set aside.

¶37

This writ petition is therefore, disposed of directing the 2^nd respondent to consider the application submitted by the petitioner

¶38

W.P.(C) No.20729 of 2014

¶39

¶40

for building permit afresh, after conducting an inspection of the property with notice to the petitioner and ascertaining the present condition of the land. Orders as indicated above shall be issued as expeditiously as possible and at any rate within a period of one month of the date of receipt of a copy of this judgment.

¶41

Sd/-

¶42

K.SURENDRA MOHAN, JUDGE.

¶43

Assis K.K v. the Rayamangalam Grama Panchayath

Case brief

What is this about?

What did the court decide?

Assis K.K v. the Rayamangalam Grama Panchayath

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kovukkal Sajeev Kumar Vs the Secretary, Panoor Grama Panchayat

Anil Kumar Vs the Nedumangadu Municipality

Annie K.Baby Vs Konni Grama Panchayath

Mirshad Vs the Tirur Municipality

Dr.K.R Sunilkumar Vs Thrissur Corporation

Jayakrishnan Vs State of Kerala