Petitioner sought direction to consider his building permit application. Court directed the Secretary of the Vazhappally Grama Panchayat to finalize proceedings on the application considering the Tahsildar's report within one month.
Direction to finalize building permit proceedings within one month considering Tahsildar's report.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY ,THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940
WP(C).No. 13942 of 2018
PETITIONER:
JOJO GEORGE
S/O. GEORGE,PANTHALLOOR, I.E NAGAR P.O, CHANGANACHERRY-686 106.
BY ADVS. SRI.LIJI.J.VADAKEDOM SMT.REXY ELIZABETH THOMAS SRI.RAJEEV JYOTHISH GEORGE TOM E. JACOB
RESPONDENTS:
1 THE VAZHAPPALLY GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, OFFICE OF THE VAZHAPPALLY GRAMA PANCHAYAT,KURISSUMMOODU P.O, CHANGANASSERY-686 004.
2 THE SECRETARY THE VAZHAPPALLY GRAMA PANCHAYAT, OFFICE OF THE VAZHAPPALLY GRAMA PANCHAYAT, KURISSUMMOODU P.O, CHANGANASSERY-686 004.
3 TAHSILDAR (L.R) TALUK OFFICE,CHANGANASSERY-686 101.
5 THE VILLAGE OFFICER VILLAGE OFFICE, CHETHUPUZHA, CHANGANACHERRY-686 101.
R3 TO R5 BY SMT.RAJI.T.BHASKAR,GOVERNMENT PLEADER R1 & R2 BY SRI.SEBASTIAN JOSEPH KURISUMMOOTTIL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 13942 of 2018
2
JUDGMENT
Petitioner is the owner of an extent of 13.45 Ares of property situate in Sy.No.5125/12 of Chethippuzha Village within the limits of the 1st respondent Grama Panchayat. Petitioner has submitted an application seeking building permit in the aforesaid property and thereupon petitioner is confronted with Ext.P5(a) communication issued by the Panchayat dated 8.1.2018 (wrongly shown as 8.1.2017) stating that the Panchayat committee has decided to address the revenue authorities with respect to the nature of the property and the application will be considered taking into account the report so received from the revenue authorities. According to the petitioner, as per Ext.P8 dated 7.3.2018 the Taluk Surveyor has submitted a report before the Panchayat and therefore, it would suffice, if a direction is issued to the Secretary of the Panchayat to consider Ext.P4 application taking into account the report of the Tahsildar dated 7.3.2018.
WP(C).No. 13942 of 2018 3
learned standing counsel appearing for respondents 1 & 2, there will be a direction to the 2nd respondent to finalise the proceedings pertaining to Ext.P4 building permit application taking into account the report of the Tahsildar dated 7.3.2018, at the earliest and at any rate within a month from the date of receipt of copy of this judgment.
Writ petition is disposed of accordingly
Smv 16.11.2018
Sd/-
SHAJI P.CHALY
JUDGE
WP(C).No. 13942 of 2018
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | THE COPY OF THE SETTLEMENT DEED NO. 2126/1993 OF THE SRO, CHANGANACHERRY |
|---|---|
| EXHIBIT P2 | THE COPY OF THE TAX RECEIPT DATED 4-10-2017 ISSUED FROM THE VILLAGE OFFICER SHOWING REMITTANCE OF TAX IN THE NAME OF THE PETITIONER. |
| EXHIBIT P3 | THE COPY OF THE POSSESSION CERTIFICATE DATED 2-11-2017 ISSUED BY THE VILLAGE OFFICER, CHETHIPPUZHA |
| EXHIBIT P4 | THE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR BUILDING PERMIT DATED 17-08- 2017 (SUBMITTED ON 10-11-2017) |
| EXHIBIT P5 | THE COPY OF THE RESOLUTION NO. 2/1 OF THE MEETING DATED 11-12-2018 OF THE VAZHAPPALLY GRAMA PANCHAYAT |
| EXHIBIT P5(A) | THE COPY OF THE INTIMATION DATED 8-1- 2018(WRONGLY SHOWN AS 8-1-2017) ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER |
| EXHIBIT P6 | TRUE COPY OF THE REPRESENTATION DATED 9-1-2018 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR |
| EXHIBIT P7 | THE COPY OF THE FORM 12 NOTICE DATED 30-01-2018 ISSUED BY THE TALUK SURVEYOR TALUK OFFICE, CHANGANCHERRY |
| EXHIBIT P8 | THE COPY OF THE REPORT OF THE TALUK SURVEYOR DATED 7-3-2018 ALONG WITH THE COVERING LETTER DATED 23-03-2018. |
1 issue framed by the court
Whether the Grama Panchayat is directed to finalise proceedings on the building permit application considering the Tahsildar's report within one month.
Jojo George
The Vazhappally Grama Panchayat represented by its Secretary
The Secretary The Vazhappally Grama Panchayat
Tahsildar (L.R) Taluk Office
The Taluk Surveyor
The Village Officer
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
