Hearing a writ petition concerning respondent's inaction regarding petitioner's building permit application following Tribunal directions, court directed fresh communication and final orders.
Directed second respondent to issue fresh communication within 7 days and pass final orders within another week.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942
WP(C).No.21079 OF 2020(H)
PETITIONER:
R.RIYAS AGED 46 YEARS S/O LATE AALASANKUTTY HAJI, ERENCHIKKAL HOUSE, MOONNIYOOR P.O.MALAPPURAM DISTRICT
BY ADV. SRI.K.I.SAGEER
RESPONDENT:
1 KOZHIKKODE MUNICIPAL CORPORATION REP BY ITS SECRETARY, BEACH ROAD, KOZHIKODE-673 032.
2 THE SECRETARY, KOZHIKODE MUNICIPAL CORPORATION, BEACH ROAD, KOZHIKODE-673 032.
R1-2 BY ADV. SHRI.V.KRISHNAN MENON, SC, KOZHIKODE MUNICIPAL CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) No.21079 of 2020
J U D G M E N T
The grievance of the petitioner in the writ petition concerns the inaction on the part of the respondents in complying with the directions contained in Ext.P1 judgment of the Tribunal for Local Self Government Institutions.
2 . Heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondents.
3 . The learned Standing Counsel for the respondents submits that pursuant to Ext.P1 judgment, certain clarifications were sought from the petitioner in connection with application for building permit submitted by him, and the petitioner has not responded to the request made by the Panchayat in this regard.
In the light of the submission made by the learned Standing Counsel for the respondents, I deem it appropriate to dispose of the writ petition directing the second respondent to issue a fresh communication to the petitioner within 7 days from the date of receipt
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of a copy of this judgment, indicating the defects, if any, in the application and permitting the petitioner to forward his responses to the same within a week thereafter. The second respondent shall pass final orders as directed in Ext.P1, on the application for building permit submitted by the petitioner, within another one week. Ordered accordingly.
Sd/-
P.B.SURESH KUMAR
JUDGE
Mn
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 3.7.2014 IN APPEAL NO 400/2014 OF THE HON'BLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM
EXHIBIT P2 A TRUE COPY OF THE LAST REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
//TRUE COPY// PA TO JUDGE
R. Riyas
Kozhikode Municipal Corporation
The Secretary, Kozhikode Municipal Corporation
P.B. Suresh Kumar
As recorded by the court registry
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