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K.B.Hameed Vs State of Kerala — Property and Title | Kerala HC (2019)

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Kerala HC
2019
K.B.Hameed Vs State of KeralaK.B.Hameed v. State of Kerala

Disposed

K.B.Hameed v. State of Kerala

Kerala HC23 Jul 2019WP(C)/16635/2019

Case brief

AI extract

What is this about?

Petitioner seeking writ to quash an order and command municipality to consider building permit without condition compliance.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

TUESDAY, THE 23RD DAY OF JULY 2019 / 1ST SRAVANA, 1941

WP(C).No.16635 of 2019

PETITIONER/S:

K.B.HAMEED, KADAVINAPARAMBIL HOUSE, MANJUMMEL, ELOOR.

BY ADV. SRI.MANSOOR.B.H.

RESPONDENT/S:

1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2 CHAIRMAN LOCAL LEVEL MONITORING COMMITTEE, AGRICULTURAL OFFICER, KRISHI BHAVAN , ELOOR, ERNAKULAM DISTRICT 683 501.

Parties & counsel

AI extract

petitioner
K.B.Hameed
respondent
State of Kerala
respondent
Chairman Local Level Monitoring Committee, Agricultural Officer, Krishi Bhavan, Eloor, Ernakulam District
respondent
Eloor Municipality
respondent
Revenue Divisional Officer, R.D.O. Office, Fort Kochi

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 23 Jul 2019 · July
Registered: 18 Jun 2019
Case no.: WP(C)/16635/2019

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Cite this judgement

K.B.Hameed v. State of Kerala, WP(C)/16635/2019 (KL), decided on 23 July 2019.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Anil K.Narendran

Parties & counsel

Outcome

Disposed

Detailed headnote1 paragraphs

This writ petition is closed by leaving open the legal and factual contentions raised by the petitioner without prejudice to his right to challenge the revised order in appropriate proceedings. No substantive decision was rendered in this order.

A compact analysis

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.

3 ELOOR MUNICIPALITY, MUNICIPAL OFFICE, UDYOGAMANDAL, ELOOR, PIN 683 501, REPRESENTED BY TIS SECRETARY.

4 REVENUE DIVISIONAL OFFICER, R.D.O.OFFICE, FORT KOCHI 682 001.

5 DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, 682 030.

BY ADVS. SRI.K.S.ARUN KUMAR SRI.JUSTINE JACOB

OTHER PRESENT:

SRI MANU RAJ K.J- GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.C.16635/2019

2

J U D G M E N T

The petitioner who is stated to be owner in

possession of the property having an extent of 0.755 ares of land comprised in Re-survey Block

No.171, Re-survey No.17 of Eloor Village, in

Paravoor Taluk has filed this writ petition under Article 226 of the Constitution of India seeking

a writ of certiorari to quash Ext.P6 order dated

19.11.2018 of the 4^th respondent Revenue

Divisional Officer and a writ of mandamus commanding the 3^rd respondent to consider the application for building permit being submitted

by the petitioner without insisting the

compliance of condition Nos.1 and 3 mentioned in Ext.P6 order.

came up for consideration the learned Government Pleader sought time to file statement.

came up for consideration the learned counsel for

the petitioner, after referring to Ext.P6 order

W.P.C.16635/2019

3

dated 19.11.2018 pointed out that the application

made by the petitioner, invoking Clause 6 of the

Kerala Land Utilisation Order, 1967 is one

submitted before 30.12.2017, the date on which the amended provisions of the Kerala Conservation

of Paddy Land and Wetland Act, 2008 came into force.

consideration the learned Government Pleader has made available for the perusal of this Court a

revised order dated 19.07.2019 passed by the 4^th respondent Revenue Divisional Officer, in view of

the judgment of the Division Bench of this Court

The learned counsel for the petitioner

would submit that the petitioner is in receipt of a copy of the order dated 19.07.2019 of the 4^th respondent and that, this writ petition may be

closed, leaving open the legal and factual

W.P.C.16635/2019

4

contentions, and without prejudice to the right of the petitioner to challenge revised order dated 19.07.2019 in appropriate proceedings.

Recording the above submission made by the learned counsel for the petitioner this writ petition is closed leaving open the legal and factual contentions raised by the petitioner and without prejudice to the aforesaid right of the petitioner.

Sd/-

ANIL K.NARENDRAN JUDGE

DG

W.P.C.16635/2019

5

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 1.7.2016 IN WPC NO 22245/2016 EXHIBIT P2 TRUE COPY OF THE CERTIFICATE SUBMITTED BY THE SECOND RESPONDENT DATED 16.4.2018 EXHIBIT P3 TRUE COPY OF THE E COMMUNICATION DATED 19.1.2017 BEARING NO BA 185/16-17 ISSUED BY THE THIRD RESPONDENT EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC NO 13279/2017 DATED 15.11.2017 EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 22.12.2017 EXHIBIT P6 COPY OF THE ORDER DATED 19.11.2018 BEARING K4-935/2018 ISSUED BY THE FOURTH RESPONDENT

respondent

District Collector, Civil Station, Kakkanad

Coram

AI extract

Anil K.Narendran

CNR

KLHC010426602019

Topic

Property and Title

Bench

Anil K.narendran

Disposal

CLOSED

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