This intra-court writ appeal concerned the Single Judge's decision to remand a building construction matter to the Government for fresh consideration under 2010 Rules. The High Court declined to interfere, directing the State to dispose of the matter within four months.
Refused to interfere; directed Government to report within four months.
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 THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH &
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 8TH DAY OF JUNE 2017/18TH JYAISHTA, 1939
WA.No. 1130 of 2017 () IN WP(C).16591/2013
AGAINST THE JUDGMENT IN WP(C) 16591/2013 DATED 20-02-2017
APPELLANT(S)/PETITIONER :-
GEORGE VARGHESE, AGED 64, S/O.LATE DR.T.E.GEORGE, AMBALAVELIL, GANDHI MUKKU, KOTTARAKKARA, KOLLAM - 691 506.
BY SRI.V.PHILIP MATHEWS
RESPONDENT(S)/RESPONDENTS :-
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM - 695 001.
2. THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, PALAYAM, THIRUVANANTHAPURAM - 695 001.
3. THE TOWN PLANNER, OFFICE OF THE TOWN PLANNER, KOLLAM - 691 001.
4. THE KOTTARAKKARA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KOTTARAKKARA GRAMA PANCHAYAT, PULAMON P.O., KOTTARAKKARA, KOLLAM DISTRICT - 691 531.
5. SECRETARY, KOTTARAKKARA GRAMA PANCHAYAT, PULAMON P.O., KOTTARAKKARA, KOLLAM DISTRICT - 691 531.
R4 & R5 BY SRI.T.M.ABDUL LATHEEF R1 - R3 BY SR.GOVERNMENT PLEADER SRI.M.A.ASIF
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
Navaniti Prasad Singh, CJ &
Raja Vijayaraghavan V, J
W.A. No. 1130 of 2017
--------------------------------------------------------------Dated this the 8th day of June, 2017
J U D G M E N T
Navaniti Prasad Singh, CJ
The present intra court appeal has been filed by the writ petitioner being aggrieved by the judgment dated 20.2.2017 passed in W.P(C). No.16591 of 2013. Having heard learned counsel for the writ petitioner/appellant, learned Government Pleader and the learned Standing Counsel for the Panchayat, we are disposing of this appeal at this stage itself.
W.A.1130/17 2
would accrue to the writ petitioner/appellant. Holding so, the learned Single Judge has remanded the matter to the Government for fresh consideration in accordance with law, meaning thereby that if there be deviations they be condoned to the extent they are condonable.
The appeal is accordingly disposed of with the observations as noted above.
Sd/Navaniti Prasad Singh, Chief Justice
Sd/Raja Vijayaraghavan V, Judge
//TRUE COPY//
P.A. TO JUDGE
sou.9/6.
1 issue framed by the court
Whether the High Court should interfere with the judgment of the Single Judge regarding condonation of deviations in building construction rules.
George Varghe
State of Kerala
Chief Town Planner
Town Planner
Kottarakkara Grama Panchayat
Navaniti Prasad Singh
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
