Allowed

Amina v. Keezattur Grama Panchayat

Kerala HC29 Jan 2015WP(C)/131/2015

Case brief

AI extract

What is this about?

The Single Judge applied the ratio from Praveen v. Land Revenue Commissioner to quash an order denying a building permit. The court directed the Panchayat to reconsider the application afresh by referring it to the District Town Planner within six weeks.

What did the court decide?

Quashed Exhibit P4; directed Second Respondent to consider application afresh by referring to District Town Planner within six weeks.

Amina Vs Keezattur Grama Panchayat — Land Acquisition | Kerala HC (2015)

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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 DAMA SESHADRI NAIDU

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THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936

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WP(C).No. 131 of 2015 (N)

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PETITIONER :

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AMINA

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D/O.KUNHIMUHAMMED HAJI, CHERUKAPPALLI HOUSE THANCHINGANADAM P.O., MALAPPURAM DISTRICT PIN-679 325.

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BY ADVS.SRI.K.M.SATHYANATHA MENON SMT.KAVERY S. THAMPI

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RESPONDENT(S) :

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1. KEEZHATTUR GRAMA PANCHAYAT P.O.POONTHAVANAM, MALAPPURAM DISTRICT, PIN-679 325 REPRESENTED BY ITS SECRETARY.

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2. THE SECRETARY KEEZHATTUR GRAMA PANCHAYAT, P.O. POONTHAVANAM MALAPPURAM DISTRICT, PIN-679 325.

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R1 & R2 BY ADVS. SRI.P.SAMSUDIN

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SRI.K.C.ANTONY MATHEW

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SRI.JITHIN LUKOSE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 131 of 2015 (N)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT. P1TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE NEMMINI OFFICE ALONG WITH ENGLISH TRANSLATION.

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EXT. P2TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER ISSUED BY THE SOCIAL WELFARE DEPARTMENT.

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EXT. P3TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT INCLUDING FOR ISSUING NO OBJECTION CERTIFICATE FOR AVAILING ELECTRICITY CONNECTION SUBMITTED BY THE PETITIONER BEFORE THE PANCHAYAT ALONG WITH ENGLISH TRANSLATION.

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EXT. P3(a)TRUE COPY OF THE RECEIPT NO.597 DATED 4.2.2014 GIVEN BY THE RESPONDENT PANCHAYAT.

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EXT. P4TRUE COPY OF THE ORDER DATED 26.9.2014 ISSUED BY THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION.

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EXT. P5PHOTOGRAPHS SHOWING THE EXACT LIE OF THE PROPERTY OF THE PETITIONER.

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RESPONDENT(S)' EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

DAMA SESHADRI NAIDU, J.

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W.P.(c) No. 131 of 2015

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Dated this the 29^th day of January, 2015

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JUDGMENT

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In the light of the ratio laid down in Praveen v. Land

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Revenue Commissioner [2010 (2) KLT 617], the present writ petition is also disposed of on the same lines, applying the ratio laid down by the learned Division Bench in the said decision, thereby quashing Exhibit P4.

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Consequently, the second respondent is directed to consider the application of the petitioner for building permission afresh, if necessary, by referring the matter to the District Town Planner, and thereafter 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.

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DAMA SESHADRI NAIDU JUDGE

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DMR/-

Amina v. Keezattur Grama Panchayat

Case brief

What is this about?

What did the court decide?

Amina v. Keezattur Grama Panchayat

Case brief

What is this about?

What did the court decide?

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