Petitioner sought direction for consideration of his application for regularisation of school constructions. The Court directed the second respondent Panchayat to consider the application with notice to the petitioner and pass orders in accordance with law within six weeks. Writ petition disposed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 9TH DAY OF JULY 2024 / 18TH ASHADHA, 1946
WP(C) NO. 20843 OF 2023
PETITIONER:
T.K. JANARDANAN NAIR, AGED 77 YEARS S/O. GOPALAN NAIR,MANAGER, THIRUVANGOOR HIGHER SECONDARY SCHOOL, THIRUVANGOOR, KOZHIKODE DISTRICT, PIN - 678304 BY ADVS. K.P.SUDHEER SHERRY M.V.
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 CHEMANCHERRY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, CHEMANCHERRY, KOZHIKODE DISTRICT, PIN - 673304 BY ADV P.V.ANOOP SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO.20843/2023
MOHAMMED NIAS C.P., J.
WP (C)No.20843 of 2023
Dated this the 9th day of July, 2024 JUDGMENT
Petitioner submits that he had filed Ext.P5 application seeking regularisation of the constructions effected by him before the second respondent.
that no orders have been passed on the same.
It is seen that as per the interim order dated 5.6.2024, the school has been issued with a provisional fitness certificate. The fate of the same will be depend on the orders to be passed in Ext.P5 application.
The writ petition is disposed as above.
MOHAMMED NIAS C.P.
JUDGE
dlk/9.7.2024
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WP(C) NO.20843/2023
APPENDIX OF WP(C) 20843/2023
PETITIONER'S EXHIBITS
EXHIBIT P 1 TRUE COPY OF G.O. (MS) NO. 106/88/G. EDN. DATED 1.6.1988 ISSUED BY THE GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT.
EXHIBIT P 2 TRUE COPY OF PROCEEDINGS NO. A52585/22 DATED 19.8.2022 OF THE COMPETENT AUTHORITY AND SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION - NHAI). EXHIBIT P 3 TRUE COPY OF PROCEEDINGS NO. A52586/22 DATED 5.9.2022 OF THE COMPETENT AUTHORITY AND SPECIAL DEPUTY COLLECTOR (LAND ACQUISITION - NHAI), KOZHIKODE.
EXHIBIT P 4 TRUE COPY OF FITNESS CERTIFICATE ISSUED BY THE 2ND RESPONDENT FOR THE YEAR 2023-24 EXHIBIT P 5 TRUE COPY OF APPLICATION DATED NIL , SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P 6 TRUE COPY OF THE REPRESENTATION DATED NIL, SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE CHIEF MINISTER, GOVERNMENT OF KERALA.
EXHIBIT P 7 TRUE COPY OF EMAIL COMMUNICATION DATED 6.12.2022 RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE HONOURABLE CHIEF MINISTER, GOVERNMENT OF KERALA.
EXHIBIT P 8 TRUE COPY OF COMMUNICATION DATED 8.2.2023 ISSUED BY THE ASSISTANT DIRECTOR OF PANCHAYAT, KOZHIKODE TO THE PETITIONER.
EXHIBIT P 9 TRUE COPY OF CERTIFICATE DATED
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WP(C) NO.20843/2023
12.10.2023 ISSUED BY DEPARTMENT OF CIVIL ENGINEERING, GOVERNMENT ENGINEERING COLLEGE, KOZHIKODE
EXHIBIT P 10 A TRUE COPY OF THE FITNESS CERTIFICATE DATED 16.10.2023 ISSUED BY THE 2ND RESPONDENT GRAMA PANCHAYAT
1 issue framed by the court
Whether the Panchayat could be directed to consider and pass orders on the petitioner's application for regularisation of constructions?
T.K. Janardanan Nair
State of Kerala, represented by its Secretary, Department of Local Self Government Institutions
Chemancherry Grama Panchayat, represented by its Secretary
Mohammed Nias C.P.
As recorded by the court registry
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