Allowed

Ibrahim S/O.Abdullakutty v. the Geologist

Kerala HC23 Feb 2016WP(C)/6676/2016

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged the Panchayat's refusal to issue a building permit on the ground that earth removal permission was required. The Court held the requirement unsustainable and directed the Panchayat to consider the application within three weeks.

What did the court decide?

Direction to the Panchayat to consider the petitioner's application for building permit and take a decision within three weeks.

Ibrahim S/O.Abdullakutty Vs the Geologist — Municipal and Town Planning | Kerala HC (2016)

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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 A.MUHAMED MUSTAQUE

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TUESDAY, THE 23RD DAY OF FEBRUARY 2016/4TH PHALGUNA, 1937

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WP(C).No. 6676 of 2016 (H)

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PETITIONER(S) :

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IBRAHIM, S/O.ABDULLAKUTTY, AGED 55 YEARS, MOOTHEDATHUVALAPPIL, PERUPADAPPU, PONNANI, PIN- 679 580.

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BY ADVS.SRI.SAIGI JACOB PALATTY

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SMT.ANU S. NAIR

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RESPONDENT(S) :

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1. THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, TOWN BUS STAND COMPLEX, PALAKKAD, PIN- 678 001.

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2. THE DISTRICT COLLECTOR, PALAKKAD.

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3. VILLAGE OFFICER, KAPOOR VILLAGE, OTTAPALAM, PIN- 679 552.

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4. KAPOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, KAPOOR, OTTAPPALAM, PIN- 679 552.

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R1 TO R3 BY GOVERNMENT PLEADER SRI.MANOJ KUNJACHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 6676 of 2016 (H)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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P1: TRUE PHOTOCOPY OF THE SALE DEED NO. 1027/2014 IN FAVOUR OF THE PETITIONER.

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P2: TRUE PHOTOCOPY OF THE LAND TAX RECEIPT INFAVOUR OF THE PETITIONER.

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P3: TRUE PHOTOCOPY OF THE POSSESSION CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER.

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P4: TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED FROM THE OFFICE OF 4TH RESPONDENT.

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P5: TRUE PHOTOCOPY OF THE ORDER REJECTING THE BUILDING PERMIT OF THE PETITIONER.

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P6: TRUE PHOTOCOPY OF THE PETITION SUBMITTED TO THE 1ST RESPONDENT BY THE PETITIONER.

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P7: TRUE PHOTOCOPY OF THE PETITION SUBMITTED TO THE 2ND RESPONDENT BY THE PETITIONER.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

A. MUHAMED MUSTAQUE, J.

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W.P.(C). No. 6676 of 2016

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------------------------------------------------------Dated this the 23^rd day of February, 2016

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JUDGMENT

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The petitioner, aggrieved by the decision of the Panchayath

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refusing to issue building permit, has approached this Court. Ext.P5 is the impugned order.

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The reason stated in Ext.P5 is that the petitioner has to

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produce necessary permission from the competent authority for

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removal of the earth for the purpose of issuance of building permit.

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This Court is of the view that the above reason is unsustainable. Therefore, the Panchayath is directed to consider

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the petitioner's application for building permit and take a

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W.P.(C). No. 6676 of 2016 2

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decision within a period of three weeks from the date of

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receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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Sd/-

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A. MUHAMED MUSTAQUE JUDGE

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bpr

Ibrahim S/O.Abdullakutty v. the Geologist

Case brief

What is this about?

What did the court decide?

Ibrahim S/O.Abdullakutty v. the Geologist

Case brief

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What did the court decide?

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