Disposed

Lidia Jino v. State of Kerala

Kerala HC4 Aug 2016WP(C)/25928/2016

Case brief

AI extract

What is this about?

Petitioner sought a building permit; the Municipality directed her to get a No Objection Certificate from the District Collector. The Collector had not decided the application despite a long lapse. The Court directed the Collector to decide within one month.

What did the court decide?

The 3rd respondent (District Collector) is directed to consider and pass orders on the Ext.P4 application within one month after affording an opportunity of being heard to the affected parties.

Lidia Jino Vs State of Kerala — Land Acquisition | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE K.HARILAL

¶4

THURSDAY, THE 4TH DAY OF AUGUST 2016/13TH SRAVANA, 1938

¶5

WP(C).No. 25928 of 2016 (M)

¶6

PETITIONER(S):

¶7

LIDIA JINO W/O.JINO JOY, AGED 21 YEARS, PUTTANAL HOUSE, KUTTAMPUZHA, VADATTUPARA P.O, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK.

¶8

BY ADV. SRI.ALEXANDER JOSEPH

¶9

RESPONDENT(S):

¶10

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶11

2. THE DISTRICT COLLECTOR ERNAKULAM, 682 030.

¶12

3. THE REVENUE DIVISIONAL OFFICER MUVATTUPUZHA 686 661.

¶13

4. THE VILLAGE OFFICER KOTHAMANGALAM, 686 691.

¶14

5. THE AGRICULTURAL OFFICER KOTHAMANGALAM/THE CONVENOR, LOCAL LEVEL MONITORING COMMITTEE, KOTHAMANGALAM MUNICIPALITY, PIN 686 691.

¶15

6. THE KOTHAMANGALAM MUNICIPALITY REPRESENTED BY ITS SECRETARY, KOTHAMANGALAM, 686 691.

¶16

R6 BY ADV. SRI.PEEYUS A KOTTAM, SC, KOTHAMANGALAM MUNICIPALITY

¶17

R1-5 BY SR.GOVERNMENT PLEADER SRI.RENIL ANTO

¶18

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

WP(C).No. 25928 of 2016 (M)

¶20

APPENDIX

¶21

PETITIONER(S)' EXHIBITS

¶22

----------------------EXHIBIT P1. TRUE COPY OF THE SALE DEED EXECUTED IN FAVOUR OF THE PETITIONER.

¶23

EXHIBIT P2. TRUE COPY OF THE CERTIFIED EXTRACT OF THE DATA BANK ISSUED BY THE 3RD RESPONDENT.

¶24

EXHIBIT P3. TRUE COPY OF THE ORDER DATED 6.4.14 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

¶25

EXHIBIT P4. TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RULE 6 OF THE KERALA LAND UTILIZATION ORDER TO THE 3RD RESPONDENT.

¶26

RESPONDENT(S)' EXHIBITS: NIL

OKB

// True copy //

P.A. to Judge

K.HARILAL, J.

W.P(C) No.25928 of 2016

¶33

--------------------Dated this the 4^th day of August, 2016

¶34

JUDGMENT

¶35

The petitioner submitted an application seeking

¶36

building permit before the 6^th respondent. But the 6^th respondent returned the said application with a direction to produce No Objection Certificate from the Revenue Divisional Officer, Muvattupuzha. Consequently, the petitioner filed Ext.P4 application before the 3^rd respondent seeking No Objection Certificate. But, no order has been passed so far on Ext.P4, despite the long lapse of time. This is the grievance projected in this writ petition. Hence the petitioner sought for a direction to the 3^rd respondent to consider and pass orders on Ext.P4 within a time frame.

¶37

Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel for the 6^th respondent.

¶38

Having regard to the urgency of the matter and the pendency of Ext.P4 application, the 3^rd respondent is

¶39

WP(C).25928/16-M :2:

¶40

directed to consider and pass orders on Ext.P4, at the earliest, at any rate, within a period of one month today, after affording an opportunity of being heard to the affected parties.

¶41

This writ petition is disposed of.

¶42

Sd/K.HARILAL, Judge.

¶43

okb

Lidia Jino v. State of Kerala

Case brief

What is this about?

What did the court decide?

Lidia Jino v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

T.P.Abdul Hameed Vs Abdul Khaddar

Sheik Musthafa Vs Njanavel

V.K.Johny Vs a.Jayakrishnan

Ramachandran Vs Gopalakurup Vijayan Pillai

M/S. Focal Image India Pvt. Ltd. Vs M/S. Focal Image Ltd.

Letha @ Hema Latha Vs U.Damodaran