Dismissed
Infra Elevators India (P) Ltd. v. State of Kerala
Kerala HCWP(C)/12930/2016
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
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 K.VINOD CHANDRAN
WEDNESDAY, THE 26TH DAY OF OCTOBER 2016/4TH KARTHIKA, 1938
WP(C).No. 12930 of 2016 (M)
PETITIONER:
INFRA ELEVATORS INDIA (P) LTD., REPRESENTED BY ITS MANAGING DIRECTOR MANOJ KUMAR V.A., INFRA HOUSE, 44/2118A, (35/2265A), PALARIVATTOM, KOCHI - 682 025.
BY ADVS.SRI.NIDHI BALACHANDRAN SRI.SABU GEORGE
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF LAND REVENUE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. CHIEF TOWN PLANNER, THIRUVANANTHAPURAM - 695 001.
3. THE DISTRICT COLLECTOR, ALAPPUZHA - 688001.
4. THE ADDITIONAL TAHASILDAR, CHERTHALAI - 688 524.
5. THE VILLAGE OFFICER, PALLIPPURAM, PALLIPPURAM PO, CHERTHALAI - 688 541.
6. CHENNAM PALLIPURAM GRAMA PANCHAYATH, REPRESENTED BY IT SECRETARY, PALLIPPURAM (PO), CHERTHALAI - 688 541.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 12930 of 2016 (M)
APPENDIX
PETITIONER(S)' EXHIBITS:
| P1 : A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. |
|---|
| P2 : TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA POLLUTION CONTROL BOARD DATED 11.8.2014 TO THE PETITIONER. |
| P3 : A TRUE COPY OF THE ORDER DATED 5.8.2014 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, CHERTHALAI. |
| P4 : A TRUE COPY OF THE COMMUNICATION DATED 28.11.14 ISSUED BY THE CHIEF TONW PLANNER, ALAPPUZHA. |
| P5 : A TRUE COPY OF THE ORDER DATED 18.4.2015 ISSUED BY TE CHIEF TOWN PLANNER. |
| P6 : A TRUE COPY OF THE BUILDING PERMIT DATED 6.5.2015 ISSUED BY THE 6TH RESPONDENT. |
| P7 : A TRUE COPY OF THE FORWARDING LETTER DATED 4.7.2015 ISSUED BY THE 6TH RESPONDENT TO THE DIVISIONAL OFFICER, FIRE & RESCUE SERVICES. |
| P8 : A TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 3.8.2015 ISSUED BY THE DIVISIONAL OFFICER, FIRE & RESCUE SERVICES. |
| P9 : A TRUE COPY OF THE REPRESENTATION DATED 7.1.2016 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. |
| P10 : A TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT. |
| P11 : A TRUE COPY OF THE COMMUNICATION DATED 4.3.2016 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. |
| P12 : A TRUE COPY OF THE APPLICATION DATED 28.3.2016 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. |
| RESPONDENT(S)' EXHIBITS: NIL ----------------------- |
//TRUE COPY//
P.S. TO JUDGE
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K. VINOD CHANDRAN, J.
===================== W.P.(C) No.12930 of 2016 - M
====================== Dated this the 26th day of October, 2016
J U D G M E N T
The petitioner is said to have filed an application produced at Ext.P12, which is alleged to be not considered by the 6th respondent till date.
respondent submits that the application has been submitted under Appendix-A of the Kerala Panchayath Building Rules 2011 (for brevity, 'the Building Rules, 2011) and the same has to be filed under Appendix-AA. The petitioner submits that he would file such an application under Appendix-AA. It is also submitted by the learned Counsel appearing for the respondent Panchyath that if such an application is filed, the same would be disposed
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W.P.(C) No.12930 of 2016 - M
of expeditiously.
The writ petition is disposed of, leaving open all
contentions of either parties.
Sd/-
K. VINOD CHANDRAN,
JUDGE
SB/26/10/2016
// true copy //
P.A to Judge
Infra Elevators India (P) Ltd.
State of Kerala
K. Vinod Chandran
As recorded by the court registry
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