Writ petition under Article 226 seeking building permit and exclusion of property from data bank dismissed as not pressed following a non-pressed memo from the petitioner's counsel.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY,THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940
WP(C).No. 3958 of 2019
PETITIONER:
E.M.S.CHARITABLE SOCIETY, REG.NO.PTM/TC/14/2013, KONNI,PATHANAMTHITTA DISTRICT-689 691 REPRESENTED BY ITS PRESIDENT-MR.ABDUL NAZEER.K.A. @ SYAMLAL, AGED 56 YEARS, S/O.LATE ABDUL LATEEF, MANGARAM,KONNI,PATHANAMTHITTA DISTRICT.
BY ADVS. SRI.V.PHILIP MATHEW SRI.GIBI.C.GEORGE
RESPONDENTS:
1 KONNI GRAMA PANCHAYAT, KONNI P.O., PATHANAMTHITTA DISTRICT-689 691, REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY, KONNI GRAMA PANCHAYAT, KONNI P.O., PATHANAMTHITTA DISTRICT-689 691.
BY ADV. SRI.SUNIL JACOB JOSE, SC, KONNI GRAMA PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, a charitable society registered under Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, which is stated to be the owner in possession of 10 acres of land situated in ReSurvey No.241/6 of Konni Village in Pathanamthitta District, covered by Ext.P2 tax receipt, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 2nd respondent to consider the application made by the petitioner for building permit for constructing building in petitioner's property situated in Re-survey No.241/6 of Konni Taluk, Konni Village, Pathanamthitta District, based on the application mentioned in Ext.P4, considering Exts.P7, P8 and P9 and issue the building permit, at the earliest. The petitioner has also sought for a writ of mandamus commanding respondents to take urgent steps to publish notification in the Gazette, with regard to exclusion of petitioner's property situated in Re-Survey No.241/6 of Konni Taluk, Konni Village,
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Pathanamthitta District from the data bank, based on Ext.P7 decision taken by the LLMC and Ext.P9 communication from the Agricultural Officer; a declaration that the petitioner is entitled to get building permit for constructing building in Re-survey No.241/6 of Konni Village, Konni Taluk, Pathanamthitta District on the basis of Exts.P7, P8 and P9; and a writ of certiorari to quash Ext.P12 decision of the Panchayat Committee not to publish notification based on Exts.P7 to P9 in the Gazette.
“The Writ Petition was filed since respondents did not allow the building permit application submitted by the Petitioner on the ground that property where construction was intended was a wet land and is included in the data bank. After filing the Writ Petition the category of the property has been changed and has been converted as garden land. Necessary
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changes have been made in the Revenue records. The petitioner has therefore instructed me to file this memo stating that the Writ Petition is not pressed. The Writ Petition is therefore not pressed.”
the learned counsel for the petitioner would submit that this
writ petition may be dismissed based on the not pressed memo dated 06.03.2019.
It is made clear that this Court has not expressed anything as to the legality or otherwise of the category change effected in revenue records in respect of the petitioner's property, referred to in the not pressed memo.
Sd/-
ANIL K. NARENDRAN
JUDGE
bpr
//TRUE COPY//
P.A. TO JUDGE
E.M.S. Charitable Society
Konni Grama Panchayat
The Secretary, Konni Grama Panchayat
Anil K. Narendran
As recorded by the court registry
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