Allowed

Vykathi Vikas Kendra - India v. Palakkad Municipality

Kerala HC19 Sept 2014WP(C)/8349/2014

Case brief

AI extract

What is this about?

The Court set aside an order rejecting a building permit application as the approving Land Utilisation Order was not before the authorities. It directed the Municipality to reconsider the application and inspect the site within one month.

What did the court decide?

Ext.P2 set aside; First Respondent directed to reconsider building permit application, inspect site, and decide within one month of receipt.

Vykathi Vikas Kendra - India Vs Palakkad Municipality — Land Acquisition | Kerala HC (2014)

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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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FRIDAY, THE 19TH DAY OF SEPTEMBER 2014/28TH BHADRA, 1936 WP(C).No. 8349 of 2014 (P)

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PETITIONER/PETITIONER: ---------------------------

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VYKATHI VIKAS KENDRA - INDIA, PALAKKAD INFORMATION CENTRE, VINAYAKA BUILDING THAREKKAD, HUNDRED FEET ROAD PALAKKAD.REPRESENTED BY ITS KERALA APEX BODY MEMBER SRI.ACHUTHAN, AGED 68 YEARS, S/O.M.SANKARA MENON RESIDING AT CHANDRALAYAM, RAVIPURAM, PERUMANOOR.P.O ERNAKULAM-682015.

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BY ADVS.SRI.S.KANNAN SMT.S.SIMY SMT.K.S.SANGEETHA

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RESPONDENTS/RESPONDENTS:

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PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE PALAKKAD-678001. 2. TOWN PLANNER, DISTRICT TOWN PLANNING OFFICE CIVIL STATION BUILDING, PALAKKAD – 678 001. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. R1 BY ADV. SRI.T.C.SURESH MENON R1 BY ADV. SRI.P.S.APPU R2 & 3 BY GOVERNMENT PLEADER SHRI. G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8349 of 2014 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED FROM THE VILLAGE OFFICE,YAKKARA,PALAKKAD IN FAVOUR OF THE PETITIONER DATED 30/09/2013

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EXT.P2 A TRUE COPY OF THE ORDER PASSED BY THE IST RESPONDENT REJECTING APPLICATION OF THE PETITIONER FOR BUILDING PERMIT

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EXT.P3 TRUE PHOTOGRAPHS OF THE PROPERTY OF THE PETITIONER.

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EXT.P4: -DO- OF ORDER DT.5.12.2006 ISSUED BY THE REVENUE DIVISIONAL OFFICER, PALAKKAD UNDER CLAUSE 6(2) OF THE KERASLA LAND UTILISATION ORDER TO THE PETITIONER

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RESPONDENT(S)' EXHIBITS

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EXT.R2A: TRUE COPY OF THE GOVERNMENT ORDER GO (MS)NO: 236/86/LAD DT.20.11.1986 EXT.R2B: -DO- OF THE GOVERNMENT ORDER GO(MS)NO:210/09/LSGD DT.11.11.2009

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EXT.R2C: -DO- OF THE JUDGMENT IN WPC 8740/1997

JJ /TRUE COPY/

P.S.TO JUDGE

K. SURENDRA MOHAN,J.

------------------------------W.P(C) NO. 8349 OF 2014

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Dated this the 19^th September, 2014.

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JUDGMENT

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The application for building permit submitted by the petitioner has been rejected by Ext.P2 order on the ground that, the land is included in the paddy field area. According to the petitioner, he had been granted permission to convert the land under the Kerala Land Utilisation Order. A copy of the said order is produced as Ext.P4. The petitioner seeks reconsideration of Ext.P2 in the light of Ext.P4. Adv.T.C.Suresh Menon appears for the Municipality.

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Since Ext.P4 was not before the Municipality, while considering the applications for building permit submitted by the petitioner, I am satisfied that a reconsideration of Ext.P2 is necessary.

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In view of the above Ext.P2 is set aside. The first

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WPC 8349/2014

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respondent is directed to consider the application for building permit submitted by the petitioner in accordance with law and

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in the light of Ext.P4 order and after conducting an inspection

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of the site, as expeditiously as possible and at any rate within

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a period of one month of the date of receipt of a copy of this judgment.

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Sd/K. SURENDRA MOHAN Judge

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jj /True copy/

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WPC 8349/2014 3

Vykathi Vikas Kendra - India v. Palakkad Municipality

Case brief

What is this about?

What did the court decide?

Vykathi Vikas Kendra - India v. Palakkad Municipality

Case brief

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