The Kerala High Court disposed of Writ Petition C.1861 of 2015 applying the ratio in W.P.(C)No.31760/2014. The court quashed orders Exhibit P5 to P7 regarding a building permit cancellation and related decisions.
Exhibit P5 to P7, comprising stop memo, decision no.2, and notice cancelling permit, were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936
WP(C).No. 1861 of 2015 (G)
PETITIONER(S):
JOY, S/O.PATHROSE AGED 45 YEARS OYYARATH HOUSE, MARANGATTULI KARA THIRUVANIYOOR VILLAGE, ERNAKULAM, PIN - 682 308.
BY ADVS.SRI.PAUL K.VARGHESE
SMT.A.A.GEETHA
RESPONDENT(S)/RESPONDENTS:
SECRETARIAT
THIRUVANANTHAPURAM - 695 001.
R2-R4 BY ADV. SRI.T.K.AJITHKUMAR (VALATH) R BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN WP(C).No. 1861 of 2015 (G)
PETITIONER'S EXHIBITS:
EXT.P1: A TRUE COPY OF THE JUDGMENT IN WPC.NO. 23026/2014 OF THE HONOURABLE COURT DATED 01/09/2014.
EXT.P2: A TRUE COPY OF THE ORDER OF THE GEOLOGIST GRANING PERMISSION TO REMOVE EARTH BY THE GEOLOGIST DATED 27/10/2014.
EXT.P3: A TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF RS.45020/BY THE PETITIONER AS ROYALTY DATED 14/10/2014.
EXT.P4: A TRUE COPY OF THE ORDER IN OP(C) 2741/2014 OF THIS HONOURABLE COURT DATED 18/12/2014.
EXT.P5: A TRUE COPY OF THE STOP MEMO ISSUED BY THE SECRETARY THIRUVANIYOOR GRAMA PANCHAYATH TO THE PETITIONER DATED 29/10/2014.
EXT.P5(a): THE ENGLISH TRANSLATION OF EXTHIBIT P5.
EXT.P6: A TRUE COPY OF NO.A2-5389/2014 NOTICE CANCELLING THE BUILDING PERMIT OF THE PETITIONER ISSUED BY THE PANCHAYATH SECRETARY DATED 27/11/2014.
EXT.P6(a): THE ENGLISH TRANSLATION OF EXHIBIT P6.
EXT.P7: A TRUE COPY OF THE DECISION NO. 2 OF THE RESPONDENT PANCHAYATH DATED 17/11/2014.
EXT.P7(a): THE ENGLISH TRANSLATION EXHIBIT P7.
RESPONDENT'S EXHIBITS: NIL.
/TRUE COPY/
P.S. TO JUDGE
Dama Seshadri Naidu, J.
W.P.(C)No.1861 of 2015 G
Dated this the 6th day of February, 2015
JUDGMENT
In the light of the ratio laid down in W.P.(C)No. 31760/2014, the present writ petition is also disposed of on
the same lines applying the ratio laid down by this Court in the said judgment, thereby quashing Exhibit P5 to P7.
Dama Seshadri Naidu, Judge
tkv
1 issue framed by the court
Whether the writ petition challenging the panchayath's orders should be disposed of applying the ratio in W.P.(C)No. 31760/2014.
Colour shows how this judgement treated each authority
W.P.(C)No. 31760/2014Applied¶38
Joy
State of Kerala
Thiruvaniyoor Grama Panchayath
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
