St Josephs Convent v. State of Kerala
Case brief
What is this about?
This judgment addresses a writ petition challenging the renewal of a building permit for constructing a ramp over a disputed public path. The court held that the relevant authority neglected to determine if the road is motorable, lacked a basis to sustain the permit. Consequently, the order renewing the permit was set aside to enable a fresh hearing and reconsideration.
What did the court decide?
The order renewing the permit (Ext.P12) is set aside; the 7th respondent must apply for a fresh permit after a hearing to both parties, with a final order to be passed within one month.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941
WP(C).No.14322 OF 2019(M)
PETITIONER:
ST JOSEPH'S CONVENT, REPRESENTED BY ITS MOTHER SUPERIOR, SR.SUKRUTHA, DAUGHTER OF JOSEPH, LOGO CENTER, RAILWAY STATION ROAD, KOTTAYAM - 686 001.
BY ADVS.
SRI.B.ASHOK SHENOY SRI.K.V.GEORGE SRI.P.N.RAJAGOPALAN NAIR SRI.P.S.GIREESH SRI.RIYAL DEVASSY
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
Issues for consideration
3 issues framed by the court
Whether the district collector failed to address the crucial issue of whether the road in question is a motorable road or a pathway before renewing the building permit.
Whether the permit renewal granting construction over the alleged public pathway is sustainable in view of the procedural omission.
Whether the order impugned should be set aside to facilitate a fresh reconsideration of the application with a proper hearing.
Parties & counsel
- petitioner
ST JOSEPH'S CONVENT
- respondent
STATE OF KERALA
- respondent
THE CHIEF TOWN PLANNER(VIGILANCE)
- respondent
THE DISTRICT COLLECTOR
- respondent
THE EXECUTIVE ENGINEER
- respondent
Case details
As recorded by the court registry
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