The High Court disposed of the writ petition at the initial admission stage after the petitioner submitted that the panchayat had issued a building permit, rendering no further relief warranted. No reasons were recorded.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 5TH DAY OF JULY 2021/14TH ASHADHA, 1943
WP(C) NO. 9132 OF 2021
PETITIONER:
STELLA TOMY, AGED 58 YEARS, W/O.TOMMY, MALIYEKKAL HOUSE, KURUVILASSERRY VILLAGE, CHALAKKUDY, THRISSUR.
BY ADVS. R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENTS:
2 THE MALA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MALA GRAMA PANCHAYATH OFFICE, MALA P.O., THRISSUR-680 732.
3 INDIAN OIL CORPORATION LIMITED, REP. BY ITS DIVISIONAL MANAGER, KOZHIKODE DIVIAIONAL OFFICE, IIND FLOOR, P.M.K. TOWERS, CIVIL STATION POST, WAYANAD ROAD, KOZHIKODE-673 020.
ADDL.4 MATHU @ MATHUNNI, AGED 71 YEARS, S/O.MATHEW, EDATTUKARAN, KURUVILASSERIDESAM, CHALAKKUDY 680 307.
(R4 IS IMPLEADED AS PER ORDER DATED 05.07.2021 IN I.A.NO.1/2021.)
BY ADVS. R1-R2 SHRI.PHILIP T.VARGHESE, SC
WP(C) No.9132/2021
2
R3 SRI.M.GOPIKRISHNAN NAMBIAR R3 SRI.K.JOHN MATHAI R3 SRI.JOSON MANAVALAN R3 SRI.KURYAN THOMAS R3 SRI.PAULOSE C. ABRAHAM R3 SRI.RAJA KANNAN
R4 SMT. SINDHU SANTHALINGAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.9132/2021
3
JUDGMENT
Dated this the 5th day of July, 2021
This writ petition was filed seeking to set aside Ext.P4
stop memo issued by the Secretary to Mala Grama Panchayat. Ext.P4 happened to be issued on the ground that the petitioner has constructed building/fuel station in question without building permit.
Accordingly, recording the submission made by the petitioner, this writ petition is disposed of.
Sd/N. NAGARESH JUDGE
ncd/05.07.2021
WP(C) No.9132/2021
4
APPENDIX OF WP(C) 9132/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 COPY OF THE OFFER LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 24.12.2019. EXHIBIT P2 COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR DATED 22.01.2021. EXHIBIT P3 COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 29.08.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P4 COPY OF THE STOP MEMO ISSUED BY THE 1ST RESPONDENT DATED 18.02.2021 TO THE PETITIONER. EXHIBIT P5 COPY OF THE PESO LICENSE NO.P/SC/KL/14/3297(PR97629) DATED 24.02.21.
Stella Tomy
The Secretary, Mala Grama Panchayath
The Mala Grama Panchayath
Indian Oil Corporation Limited
Mathu @ Mathunni
N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
