Writ petition filed challenging a communication and seeking direction to the Grama Panchayath to reconsider permit applications and conduct a site inspection within one month.
Direction to take up Exhibit P5 reply, conduct site inspection and pass appropriate orders on building and development permit applications within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 17TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944
WP(C) NO. 2795 OF 2023
PETITIONERS:
1 JOBIN P O AGED 42 YEARS S/O OUSEPH, PAPPAKKAUDATH HOUSE, KANINAD P O, KUTTANIKKARA, KUNNATHUNAD TALUK, ERNAKULAM DIST., PIN - 682310
2 BIJU K X AGED 50 YEARS S/O XAVIER, KODIYANTHRA HOUSE, VYPIN, MALIPPURAM P O, KOCHI TALUK, ERNAKULAM DIST., PIN - 682511 BY ADV MANOJ P.KUNJACHAN
RESPONDENTS:
1 THE POOTHRIKKA GRAMA PANCHAYATH AIKARANAD SOUTH, POOTHRIKKA P.O, ERNAKULAM DISTRICT - REPRESENTED BY ITS SECRETARY, PIN - 682308
2 THE SECRETARY POOTHRIKKA GRAMA PANCHAYATH AIKARANAD SOUTH, POOTHRIKKA P.O, ERNAKULAM DISTRICT- 682308, PIN - 682308 BY ADV SAJEEV KUMAR K.GOPAL
BY ADV APPU P S-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.2795 OF 2023
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JUDGMENT Dated this the 17th day of February, 2023
This writ petition is filed challenging Exhibit
P3 communication issued by the Secretary of the Panchayath to the petitioners and seeking a direction to the 2nd respondent to consider Exhibt P1 application for building permit as well as for development permit in accordance with law.
W.P.(C)No.2795 OF 2023
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petitioners and Exhibit P3 communication has been received by the petitioners stating that there should be a revision of the application in respect to the total earthwork quantity provided therein. Learned counsel for the petitioners submits that since varied activities and purposes are shown in the application submitted by the petitioners, including a football turf, swimming pool and other activities, the application submitted by the petitioners for building permit as well as development permit should be considered together, so that the required quantity of earth to be removed will also be properly assessed.
Having heard the learned Standing Counsel for the respondents also, I am of the opinion that the
W.P.(C)No.2795 OF 2023
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issue requires a reconsideration, in the light of Exhibit P5 reply submitted by the petitioners. There will, accordingly, be a direction to the 2nd respondent to take up Exhibit P5 reply submitted the petitioners and to cause a site inspection to be conducted in the property with specific reference to the contentions of the petitioners as stated in Exhibit P5 reply and to pass appropriate orders on the application for building permit and the development permit submitted by the petitioners, without delay at any rate within a period of one month from the date of receipt of a copy of this judgment.
Sd/ANU SIVARAMAN JUDGE
SSK/17/02
W.P.(C)No.2795 OF 2023
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APPENDIX
PETITIONER EXHIBITS
| Exhibit P1 | TRUE | COPY | OF THE | APPLICATION SUBMITTED BY THE |
|---|---|---|---|---|
| PETIT 22/10 |
IONER /2022 |
S BEFOR | E THE 1ST RESPONDENT DATED | |
| Exhibit P2 | TRUE RESPO |
COPY NDENT |
OF THE | PLAN SUBMITTED BEFORE THE 1ST |
| Exhibit P3 | TRUE OF TH |
COPY E 2ND |
OF THE RESPOND |
COMMUNICATION DATED 17/01/2023 ENT |
| Exhibit P4 | TRUE WORK |
COPY AREA |
OF THE | CALCULATION SHEET OF THE EARTH |
| Additional | TRUE | COPY | OF THE | REPLY/EXPLANATION SUBMITTED BY |
| Exhibit P 5 | THE DATED |
1ST P 06/0 |
ETITION 2/2023 |
ER BEFORE THE 2ND RESPONDENT |
RESPONDENTS' EXHIBITS: NIL
SSK //TRUE COPY// PA TO JUDGE
1 issue framed by the court
Whether the application for building and development permit needs reconsideration in light of the revised reply and submission of a site inspection.
Jobin P O and ors
The Poothrikka Grama Panchayath Aikaranad South
The Secretary Poothrikka Grama Panchayath Aikaranad South
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
