Quashed

Noyal Marshall Nixon v. State of Kerala

Kerala HC11 May 2018WP(C)/12504/2018

Case brief

AI extract

What is this about?

Guest petitioner sought permission to dig a borewell. Relying on an amendment to Panchayat Building Rules requiring same-day permit issuance, the High Court imposed a writ. Found Panchayat failed to follow rules during approval process. Decision quashed; Panchayat directed to reconsider application.

What did the court decide?

Quashed the Grama Panchayat decision (Ext. P7) and directed the Panchayat to reconsider the application in accordance with the Rules.

Noyal Marshall Nixon Vs State of Kerala — Kerala HC (2018) — LawSathi Research

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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 SUNIL THOMAS

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FRIDAY, THE 11TH DAY OF MAY 2018 / 21ST VAISAKHA, 1940

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WP(C).No. 12504 of 2018

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PETITIONER:

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NOYAL MARSHALL NIXON, S/O.LATE YAGAPPAN, GNANI HOUSE, PAZHANIYARPALAYAM POST, CHITTUR TALUK, PALAKKAD DISTRICT.

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BY ADVS.SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P SRI.ABE RAJAN

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RESPONDENT(S):

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1. STATE OF KERALA, REP. BY THE SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2. DIRECTOR OF PANCHAYATS, PUBLIC OFFICE BUILDING, MUSEUM POST, THIRUVANANTHAPURAM-695 001

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3. KOZHINJAMPARA GRAMA PANCHAYATH, KOZHINJAMPARA POST, PALAKKAD DISTRICT-678 508, REP. BY THE SECRETARY.

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4. THE SECRETARY, KOZHINJAMPARA GRAMA PANCHAYATH, KOZHINJAMPARA POST, PALAKKAD DISTRICT-678 508

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5. THE GROUND WATER DEPARTMENT, DISTRICT OFFICE, PALAKKAD-678 001, REP. BY THE OFFICER IN CHARGE.

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6. PRADEEP PASCAL C., SECRETARY, KOZHINJAMPARA GRAMA PANCHAYAT, KOZHINJAMPARA POST, PALAKKAD DISTRICT-678 508

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R1,R2 & R5 BY GOVERNMENT PLEADER SMT.PRINCY XAVIER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-05-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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15/5/2018

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WP(C).No. 12504 of 2018 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1 TRUE COPY OF THE DEED NO.749/1/1989 OF SRO, KOZHINJAMPARA
EXHIBIT-P2 TRUE COPY OF THE PHOTOGRAPH SHOWING THE SUGARCANE CULTIVATION.
EXHIBIT-P3 TRUE COPY OF THE PERMIT ISSUED BY THE GROUND WATER AUTHORITY.
EXHIBIT-P4 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 4TH RESPONDENT ON 15/11/2017 BY THE PETITIONER
EXHIBIT-P5 TRUE COPY OF THE PANCHAYAT BUILDING RULES, 2011 (KERALA) AMENDMENT PUBLISHED ON 31/10/2017
EXHIBIT-P6 TRUE COPY OF THE JUDGMENT DATED 20/03/2018 IN W.P(C).NO.39170/2017 ON THE FILE OF THIS HONOURABLE COURT.
EXHIBIT-P7 TRUE COPY OF THE RESOLUTION DATED 31/03/2018 ISSUED TO THE PETITIONER BY THE PANCHAYAT.

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

sts 15/5/2018

SUNIL THOMAS, J.

WP(C) No.12504 of 2018

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--------------------------------------Dated this the 11^th day of May, 2018

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JUDGMENT

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The petitioner herein applied for digging a borewell. He relied on Ext.P3 permit granted by the Ground Water Authority. By Ext.P7 order, it was decided by the Grama Panchayat that since the area feels acute shortage of water, the petitioner can dig a bore-well 150 meter away from the place earmarked for Panchayat Drinking Water Project, subject to the permission of the Ground Water Department.

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According to the learned counsel for the petitioner, pursuant to an amendment in sub-Rule 18, Rule 93A of the Panchayat Building Rules has been substituted by directing that once clearance of Ground Water Department is obtained and furnished, the Secretary shall issue a permit on the same day of receipt of application. It seems that it has not been duly followed by the authority.

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WP(C) No.12504 of 2018

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The Panchayat has not appeared despite service of

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notice. Hence I am inclined to quash Ext.P7 decision and to direct the Grama Panchayat to reconsider the application in the light of

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what is stated above, at the earliest and to pass appropriate orders in accordance with the Rules.

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The writ petition is disposed of.

Sd/-

SUNIL THOMAS,

JUDGE.

//True Copy//

P.A. To Judge

sp/14/05/18

Noyal Marshall Nixon v. State of Kerala

Case brief

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What did the court decide?

Noyal Marshall Nixon v. State of Kerala

Case brief

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