Writ petition for building permit. Court directed the Second Respondent to consider the application and the petitioner's proposal regarding retaining structures within one week.
Direction to the Second Respondent to reconsider the Building Permit application in light of the petitioner's proposal and take a decision within one week.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 4TH DAY OF AUGUST 2022 / 13TH SRAVANA, 1944 WP(C) NO. 18355 OF 2022
PETITIONER:
SHAMSUDHEEN, AGED 52 YEARS S/O SULAIMAN, CHARUVILA PUTHENVEEDU, VAYALA, KOTTUKKAL, KOLLAM-691 306. REPRESENTED BY POWER OF ATTORNEY HOLDER: AHAMED, AGED 65 YEARS, S/O MYTHEEN RAWTHER, CHARUVILA PUTHENVEEDU, PULANHIYODU, KARUKONE PO, ALAYAMON VILLAGE, PUNALUR, KOLLAM-691 324.
BY ADV P.SIVARAJ
RESPONDENTS:
1 ITTIVA GRAMA PANCHAYAT VAYYANAM PO, KOLLAM - 691 533, REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY, ITTIVA GRAMA PANCHAYAT, VAYYANAM PO, KOLLAM - 691 533.
BY ADV R.RAJPRADEEP - R1 & R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.18355/2022
: 2 :
N. NAGARESH, J.
Dated this the 4th day of August, 2022
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner is before this Court through his
Power of Attorney Holder seeking an order commanding the respondents to issue Building Permit and approved building plan along with the plan showing the quantity of earth to be removed from the construction site based on the application dated 20.11.2021 of the petitioner and Ext.P5 tax receipt of permit fee for construction of building.
W.P.(C) No.18355/2022
: 3 :
Building Permit and sanction for removal of ordinary earth
from the proposed construction site.
W.P.(C) No.18355/2022
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road is below 2 metres. The other end of the property has a height difference of 10 metres from the road. So, in order to avoid landslide, the petitioner was asked to construct a retaining wall.
and the learned Standing Counsel representing the respondents.
W.P.(C) No.18355/2022
: 5 :
Ext.P7 proposal submitted by the petitioner, the respondents have to reconsider the feasibility of such proposal.
The writ petition is accordingly disposed of directing the 2nd respondent to consider the Building Permit application submitted by the petitioner in the light of Ext.P7 proposal made by the petitioner and take a decision thereon in accordance with law within a period of one week.
Sd/-
N. NAGARESH, JUDGE
aks/06.08.2022
W.P.(C) No.18355/2022
: 6 :
APPENDIX OF WP(C) 18355/2022
PETITIONER'S EXHIBITS
| Exhibit P1 | TRUE COPY OF LAND TAX RECEIPT ISSUED |
|---|---|
| BY THE VILLAGE OFFICE, KOTTUKKAL DATED | |
| 02.09.2021 IN THE NAME OF THE PETITIONER FOR THE PERIOD 2020-21 |
|
| Exhibit P2 | TRUE COPY OF LOCATION SKETCH DATED |
| 02.09.2021 ISSUED BY THE VILLAGE OFFICE, KOTTUKKAL. |
|
| Exhibit P3 | TRUE COPY OF POSSESSION CERTIFICATE |
| DATED 02.09.2021 ISSUED BY THE | |
| KOTTUKKAL VILLAGE IN FAVOUR OF THE PETITIONER |
|
| Exhibit P4 | TRUE COPY OF LETTER DATED 21.12.2021 ISSUED BY ITTIVA GRAMA PANCHAYAT TO |
| THE PETITIONER. | |
| Exhibit P5 | TRUE COPY OF CASH RECEIPT DATED |
| 12.01.2022 ISSUED BY ITTIVA GRAMA PANCHAYAT TO THE PETITIONER EVIDENCING PAYMENT OF RS.1565/-. |
|
| Exhibit P6 | TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY PETITIONER SHAMSUDHEEN IN FAVOUR OF HIS POWER OF ATTORNEY HOLDER MR. AHAMED DATED 07.02.2022 |
| Exhibit P7 | TRUE COPY OF REPRESENTATION DATED 16/07/2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. |
RESPONDENT'S/S EXHIBITS : NIL
1 issue framed by the court
Whether the Panchayat is directed to reconsider the Building Permit application in light of the petitioner's proposal regarding the construction of benches for retaining land.
Shamsudheen
Ittiva Grama Panchayat Vayyanam
The Secretary, Ittiva Grama Panchayat
N. Nagaresah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
