The High Court of Kerala disposed of a writ petition quashing a previous order (Exhibit P1) concerning building permission, directing the respondent to consider the petitioner's application afresh through the District Town Planner within six weeks.
Exhibit P1 quashed; respondent directed to consider building permission application afresh within six weeks.
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
WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936
WP(C).No. 4953 of 2015 (T)
PETITIONER : -
HANEEFA, AGED 38 YEARS, S/O. AHAMMED @ BAPPU HAJI, PATTARKADAVAN HOUSE, KOTTAPPADI, DOWNHILL P.O., MALAPPURAM- 676 519.
BY ADVS.SRI.K.ABDUL JAWAD DR.MATHEW KUZHALANADAN SMT.VINEETHA V.KUMAR
RESPONDENTS: -
BY SRI.ESM.KABEER, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4953 of 2015 (T)
APPENDIX
PETITIONER'S EXHIBITS : -
EXHIBIT-P1 : TRUE COPY OF THE ORDER DATED 18/11/2014 ISSUED BY THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION.
EXHIBIT-P2 : TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PANAKKAD, DATED 26/09/2014 ALONG WITH ENGLISH TRANSLATION.
RESPONDENTS' EXHIBITS : - NIL.
// TRUE COP Y //
P.A. TO JUDGE
DMR/-
DAMA SESHADRI NAIDU, J.
W.P.(c) No. 4953 of 2015
Dated this the 04th day of March, 2015
JUDGMENT
In the light of the ratio laid down in Praveen v. Land 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 P1.
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.
DAMA SESHADRI NAIDU JUDGE
DMR/-
1 issue framed by the court
Whether the order directing the authorities to consider a building permission application afresh should be quashed.
Colour shows how this judgement treated each authority
Praveen v. Land Revenue Commissioner [2010 (2) KLT 617]Followed¶27
Haneefa
The Malappuram Municipality
The Secretary, Malappuram Municipality
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
