Disposed

Sabari Charitable Trust v. Palakkad Municipality

Kerala HC18 Feb 2020WP(C)/4578/2020

Case brief

AI extract

What is this about?

Hon'ble Justice Alexander Thomas disposed of the writ petition by issuing directions to the 2nd respondent to consider the petitioner's application under the specified Act, follow due procedure, afford a hearing, and render a decision within three months, without engaging on merits of the building permit controversy.

What did the court decide?

Directed 2nd respondent to consider petitioner's application under Section 5 of the Act, provide hearing opportunity, and decide within three months.

Sabari Charitable Trust Vs Palakkad… — Pension and Retirement Benefits | Kerala HC (2020)

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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 ALEXANDER THOMAS

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TUESDAY, THE 18TH DAY OF FEBRUARY 2020 / 29TH MAGHA, 1941 WP(C).No.4578 OF 2020(V)

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PETITIONER:

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M/S.SABARI CHARITABLE TRUST REPRESENTED BY ITS MANAGER, P MURALIDHARAN, S/O. LATE M CHANDRSEKHARAN NAIR, AGED 58 YEARS, RESIDING AT 4D, SOORYA MANZIL, DR. P.A KUTTY ROAD, OLAVAKKODE, PALAKKAD 678 002

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BY ADVS. SRI.T.C.SURESH MENON SRI.P.S.APPU

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RESPONDENTS:

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1 PALAKKAD MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, PALAKKAD 678 001

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2 LOCAL LEVEL MONITORING COMMITTEE, REPRESENTED BY ITS CONVENER, AGRICULTURAL OFFICER, KRISHI BHAVAN, PALAKKAD 678 001

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R1 BY ADV. SHRI. BINOY VASUDEVAN, SC, PALAKKAD MUNICIPALITY SRI.SAIGI JACOB PALATTY, SR. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4578 OF 2020(V)

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ALEXANDER THOMAS, J.

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===========================

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W.P(C) No.4578 of 2020

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===========================

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Dated this the 18^th day of February, 2020

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JUDGMENT

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The prayers in this Writ Petition (Civil) are as follows:

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“ (i) call for the records leading to the passing of Ext.P2 and quash the same by the issue of a writ of certiorari or other appropriate writ, order or direction;

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(ii) issue a writ in the nature of mandamus directing the 2^nd respondent to consider on merits Ext.P4 application submitted by the petitioner under Section 5 of the Kerala Conservation of Paddy Land & Wetland Act and pass appropriate orders after affording to him an opportunity of being heard;

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(iii) issue a writ in the nature of mandamus directing the 1^st respondent Municipality to reconsider the application for building permit submitted by the petitioner, in the light of the dictum laid down by this honourable court in 2012 (1) KHC 523 (DB) and 2010 (2) KLT 617 and taking into consideration the present state of affairs now prevailing in the area in question;

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and

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(iv) issue such other writ, order or direction as this honourable court deems fit and proper in the circumstances of the case. ”

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2. Heard Sri.T.C.Suresh Menon, learned counsel appearing for the

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petitioner, Sri.Binoy Vasudevan, learned Standing Counsel appearing for the 1^st respondent and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the 2^nd respondent.

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WP(C).No.4578 OF 2020(V)

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Without getting into the merits of the controversy in any manner, it is ordered that the 2^nd respondent-Local Level Monitoring Committee will take up the plea made by the petitioner in Ext.P-4 application and after following the requisite procedure and after affording reasonable opportunity of being heard to the petitioner through the authorised counsel or representative, if any, will render a considered decision thereon, without much delay, preferably within a period of three months from the date of production of a certified copy of this judgment.

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With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.

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Sd/-

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ALEXANDER THOMAS JUDGE

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vgd

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WP(C).No.4578 OF 2020(V)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, PALAKKAD -1 DATED 8-4-2019 EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT MUNICIPALITY DATED 6-4-2019

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EXHIBIT P3 TRUE COPY OF FEW PHOTOGRAPHS WHICH SHOW THE STATUS OF THE PETITIONER'S PROPERTY DATED NIL.

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EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED NIL.

Sabari Charitable Trust v. Palakkad Municipality

Case brief

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Sabari Charitable Trust v. Palakkad Municipality

Case brief

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