Allowed

Haridasan v. Payyannur Municipality Represented by Its Secretary

Kerala HC4 Mar 2015WP(C)/1283/2015

Case brief

AI extract

What is this about?

The High Court of Kerala, applying the ratio in Abdul Kabeer v. Malappuram Municipality, quashed a notice issued by the concerned Municipality and directed the Secretary to process the petitioner's application within six weeks regarding building rules compliance.

What did the court decide?

Notice quashed; Secretary directed to consider application expeditiously within six weeks.

Haridasan Vs Payyannur Municipality Represented… — Municipal and Town Planning | Kerala HC (2015)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

¶4

WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936

¶5

WP(C).No. 1283 of 2015 (I)

¶6

PETITIONER : -

¶7

HARIDASAN, S/O.CHEEYYAYI, PALAKKAVALAPPIL, KUNHIMANGALAM P.O., KANNUR DISTRICT.

¶8

BY ADV. SRI.M.V.AMARESAN

¶9

RESPONDENTS : -

¶10

PAYYANUR MUNICIPALITY , REPRESENTED BY ITS SECRETARY, P.O.PAYYANUR, KANNUR DISTRICT, PIN 670307.

¶11

SECRETARY,

¶12

PAYYANUR MUNICIPALITY, PO. PAYYANUR, KANNUR DISTRICT PIN 670307.

¶13

R1&2 BY ADV. SRI.M.SASINDRAN

¶14

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C).No. 1283 of 2015 (I)

¶16

APPENDIX

¶17

PETITIONER'S EXHIBITS : -

¶18

EXHIBIT-P1 : TRUE COPY OF REGISTERED SALE DEED NO.377/2009 OF S.R.O. PAYYANUR DATED 27.01.2009 AND ITS ENGLISH TRANSLATION.

¶19

EXHIBIT-P2: TRUE COPY OF LAND TAX RECEIPT DATED 21.02.2014 AND ITS ENGLISH TRANSLATION.

¶20

EXHIBIT-P3: TRUE COPY OF APPLICATION UNDER RULE 5(1) AND RULE 144(1) OF KERALA MUNICIPAL BUILDING RULES FILED BY THE PETITIONER DATED 28.02.2014.

¶21

EXHIBIT-P4: TRUE COPY OF SITE PLAN OF THE CONSTRUCTION IN R.S. NO.11/1A OF PAYYANNUR VILLAGE IN PAYYANUR MUNICIPALITY.

¶22

EXHIBIT-P4(a): TRUE COPY OF BUILDING PLAN IN R.S.NO.104/4 OF PAYYANNUR VILLAGE IN PAYYANNUR MUNICIPALITY.

¶23

EXHIBIT-P5: TRUE COPY OF NOTICE BEARING NO.B.A.1024/13-14 DATED 11.04.2014 ISSUED BY THE RESPONDENT MUNICIPALITY AND ITS ENGLISH TRANSLATION.

¶24

RESPONDENTS' EXHIBITS : - NIL.

// TRUE COPY //

P.A. TO JUDGE

DMR/-

DAMA SESHADRI NAIDU, J.

¶29

W.P.(c) No. 1283 of 2015

¶30

Dated this the 04^th day of March, 2015

¶31

JUDGMENT

¶32

In the light of the ratio laid down in Abdul Kabeer v. Malappuram Municipality [2012 (3) KLT 106], the present writ petition is also disposed of on the same lines, applying the ratio laid down by the learned Single Bench in the said decision, thereby quashing Exhibit P5.

¶33

Consequently, the second respondent is directed to consider Exhibit P3 application of the petitioner, and pass appropriate orders thereon, as expeditiously as possible, at any rate within a period of six weeks from the date of receipt of a copy of this judgment.

¶34

DAMA SESHADRI NAIDU JUDGE

¶35

DMR/-

Haridasan v. Payyannur Municipality Represented by Its Secretary

Case brief

What is this about?

What did the court decide?

Haridasan v. Payyannur Municipality Represented by Its Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Renjith Mambrath Vs Radhkrishnan Nair

M.G Girish Kumar Vs State of Kerala

Rafeek Ahammed T.K. Vs Pattambi Grama Panchayath

D.Sasikumar Vs Sri.G.Sreekumar

Rasheedali Manayamthodi Vs the Malappuram Municipality

Haneefa Vs the Malappuram Municipality