Disposed

Sinaj Michael v. the Committee Constituted Under Rule 58 of Chapter IX of Kerala Panchayat Building RULES,2019

Kerala HC12 Apr 2024WP(C)/1621/2024

Case brief

AI extract

What is this about?

Writ petition seeking a direction to consider an application for renewal of a building permit under the Kerala Panchayat Building Rules. The court directed the district committee to take a decision on the application in accordance with law within two months and disposed of the petition.

What did the court decide?

Direction to the additional 6th respondent to decide Ext.P-10 renewal application in accordance with law within two months.

Sinaj Michael Vs the Committee Constituted Under… — Municipal and Town Planning | Kerala HC (2024)

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W. P. (C) No. 1621/2024

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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 MOHAMMED NIAS C.P.

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FRIDAY, THE 12^TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946 WP(C) NO. 1621 OF 2024

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PETITIONER:

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SINAJ MICHAEL, AGED 48 YEARS, S/O.M.K.MICHAEL, MALIAKAL HOUSE, NEENDOOR P.O, ONAMTHURUTHU VILLAGE, KOTTAYAM DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER M.K.MICHAEL, AGED 72 YEARS, S/O.KORAH KURUVILLA, MALIAKAL HOUSE, ONAMTHURUTHU VILLAGE NEENDOOR P.O., KOTTAYAM DISTRICT, PIN – 686601.

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BY ADVS.M/S.P.M.ZIRAJ & IRFAN ZIRAJ

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RESPONDENTS:

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1 THE COMMITTEE CONSTITUTED UNDER RULE 58 OF CHAPTER IX OF KERALA PANCHAYAT BUILDING RULES,2019 REPRESENTED BY ITS CONVENER, THE CHIEF TOWN PLANNER, DEPARTMENT OF TOWN AND COUNTRY PLANNING, SWARAJBHAVAN, NANTHANCODE, KOWDIAR.P.O.THIRUVANANTHAPURAM, PIN – 695003.

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2 THE CHIEF TOWN PLANNER, DEPARTMENT OF TOWN AND COUNTRY PLANNINGSWARAJ BHAVAN, NANTHANCODE, KOWDIAR.P.O. THIRUVANANTHAPURAM, PIN – 695003.

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3 THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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4 THE DISTRICT TOWN PLANNER, KOTTAYAM, DEPARTMENT OF TOWN AND COUNTRY PLANNING, NAGAMPADAM, KOTTAYAM, KERALA, PIN – 686002.

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W. P. (C) No. 1621/2024

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5 THE DIRECTOR OF PANCHAYATH, THE DIRECTORATE OF PANCHAYATH, PUBLIC OFFICE BUILDING, LMS VELLAYAMBALAM ROAD, UNIVERSITY OF KERALA SENTE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM, PIN – 695033.

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*ADDL.6 THE DISTRICT COMMITTEE CONSTITUTED UNDER RULE 58 OF CHAPTER IX OF KERALA PANCHAYAT BUILDING RULES, 2019

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KOTTAYAM, REPRESENTED BY ITS CONVENER THE DISTRICT TOWN PLANNER, DEPARTMENT OF TOWN AND COUNTRY PLANNING, NAGAPADAM, KOTTAYAM, KERALA

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*** IMPLEADED AS PER ORDER DATED 12.4.2024 IN I.A.NO.1/2024**

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SMT.AMMINIKUTTY K, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W. P. (C) No. 1621/2024

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MOHAMMED NIAS C. P. , J.

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

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W. P. (C) No. 1621 of 2024

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

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Dated this the 12^th day of April, 2024

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J U D G M E N T

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The limited prayer of the petitioner is for a direction to consider Ext.P-10 application seeking for renewal of building permit submitted before the 1^st respondent and now forwarded to the additional 6^th respondent.

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Accordingly, there will be a direction to the additional 6^th respondent to take a decision on Ext.P-10, in accordance with law, within a period of two months from the date of receipt of a copy of this judgment.

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The Writ Petition is disposed of as above.

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Sd/-

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MOHAMMED NIAS C. P. ,

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JUDGE

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MMG

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W. P. (C) No. 1621/2024

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APPENDIX OF WP(C).NO.1621/2024

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT DATED 24.1.2014 ISSUED BY THE SECRETARY, NJEEZHOOR GRAMA PANCHAYATH TO MR.JAMES KUNNASSERY

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EXHIBIT P2 TRUE COPY OF THE RENEWED BUILDING PERMIT TILL 23.01.2024 ISSUED BY THE SECRETARY, NJEEZHOOR GRAMA PANCHAYATH EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 26.5.2015 IN WPC NO.15461 OF 2015 EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 11.4.2017 IN WPC NO.13288 OF 2017

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EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 24.8.2021 IN WPC NO.8451 OF 2021

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EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 17.11.2021 IN WPC NO.24692 OF 2021

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EXHIBIT P7 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 15.12.2021 IN WPC NO.21007 OF 2021

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EXHIBIT P8 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 10.03.2023 IN WPC NO.5844 OF 2023

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EXHIBIT P9 TRUE COPY OF THE TRANSIT PERMIT DATED 19.12.2022 ISSUED BY THE DISTRICT GEOLOGIST

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W. P. (C) No. 1621/2024

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EXHIBIT P10 TRUE COPY OF THE APPLICATION WITHOUT DATE SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT

Sinaj Michael v. the Committee Constituted Under Rule 58 of Chapter IX of Kerala Panchayat Building RULES,2019

Case brief

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Sinaj Michael v. the Committee Constituted Under Rule 58 of Chapter IX of Kerala Panchayat Building RULES,2019

Case brief

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What did the court decide?

What the court decided

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