Disposed

Bharathiya Janatha Party(Bjp) v. State of Kerala

Kerala HC13 Nov 2019WP(C)/15159/2019

Case brief

AI extract

What is this about?

A recognised political party sought a direction to the Panchayat to dispose of their application for building numbering and Occupancy Certificate after claiming rectification of deficiencies. The Court ordered the Secretary to verify rectifications and take a decision after affording the petitioner an opportunity to be heard within one month.

What did the court decide?

Directed the Secretary of the Panchayat to verify rectifications, hear the petitioner, and decide on building numbering and Occupancy Certificate within one month.

Bharathiya Janatha Party(Bjp) Vs State of… — Pension and Retirement Benefits | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941

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WP(C).No.15159 OF 2019(T)

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PETITIONER:

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BHARATHIYA JANATHA PARTY(BJP)-REPRESENTED BY ITS PRESIDENT - REPRESENTED BY ITS POWER OF ATTORNEY HOLDER K.NANU MASTER, AGED 63 YEARS, S/O KUNHIRAMAN KALLUMMAL, KUNNOTHUPARAMBU, PUTHUR AMSOM, THALASSERY, KANNUR DISTRICT.

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BY ADVS. SRI.K.MOHANAKANNAN SMT.T.V.NEEMA

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RESPONDENTS:

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

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2 THE SECRETARY, KUNNOTHUPARAMBU GRAMA PANCHAYATH, KANNANKODE P.O., THOOVAKKUNNU, KANNUR DISTRICT-670 693.

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3 THE PRESIDENT, KUNNOTHUPARAMBU GRAMA PANCHAYATH, KANNANKODE P.O., THOOVAKKUNNU KANNUR DISTRICT-670 693.

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4 VILLAGE OFFICER, PUTHUR VILLAGE, THALASSERY, KANNUR DISTRICT-670 692.

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SRI.R.SURENDRAN, FOR R2 & R3 KUM.S.MAYUKHA, FOR R2 & R3 SRI.K.J.MANURAJ, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.15159 OF 2019 2

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JUDGMENT

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The petitioner, which is stated to be a recognised political

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party, has approached this Court impugning Ext.P5, as per which, their application for numbering of a building and issuance of Occupancy Certificate has been turned down citing certain reasons. The petitioner says that all the deficiencies mentioned in Ext.P5 have been rectified by them and that they have issued Ext.P6 reply to the Secretary explaining the action taken by them. The petitioner, therefore, prays that the Panchayat be directed to take up Ext.P6 and dispose of the same, after hearing them, so that the building can then be numbered and the Occupancy Certificate issued.

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Smt.Mayookha S., learned counsel representing Sri.R.Surendran, the learned counsel for respondent Nos.2 and 3 - submits that even going by the pleadings on record, the petitioner has not completed the essential works as are required before the Panchayat can consider their application for building permit and issuance of Occupancy Certificate. She says that if the petitioner is able to convince the Authority that they have done so, then they are willing to re-consider the petitioner's application in terms of law, but not otherwise.

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WP(C).No.15159 OF 2019 3

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Taking note of the afore submissions, and since I find favour with the stand taken by the Panchayat as above, I deem it appropriate to order this writ petition to the limited extent of directing the Secretary of the Panchayat to take up Ext.P6 reply of the petitioner and verify whether all the deficiencies with respect to the building have been rectified by them and then to take an appropriate decision as to the numbering and issuance of its Occupancy Certificate in accordance with law.

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The afore exercise shall be completed by the Secretary after affording an opportunity of being heard to the petitioner, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.

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This writ petition is thus ordered.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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sru

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WP(C).No.15159 OF 2019 4

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED IN FAVOR OF THE PETITIONER DATED 6.7.2017. EXHIBIT P2 TRUE COPY OF POSSESSION CERTIFICATE DATED 3.10.2018. EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 2ND RESPONDENT 5.10.2017. EXHIBIT P4 TRUE COPY OF THE SITE PLAN APPROVED BY THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT NO.A4-5535/18 DATED 11.3.2019. EXHIBIT P6 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER ALONG WITH ACKNOWLEDGMENT RECEIPT DATED 13.5.2019. EXHIBIT P7 TRUE COPY OF THE SITE PLAN AND SERVICE PLAN.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R2(a) TRUE COPY OF THE LETTER DATED 22/7/2019 ISSUED BY RESPONDENT NO. 2 TO THE ASSISTANT ENGINEER, PWD SECTION, PANOOR

Bharathiya Janatha Party(Bjp) v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bharathiya Janatha Party(Bjp) v. State of Kerala

Case brief

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