Disposed

Palathingal Antony Francis v. State of Kerala Represented by the Principal Secretary

Kerala HC11 Jan 2024WP(C)/3384/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking to quash a notice and direct reconsideration of an application by the 3rd respondent. The court directed the Secretary to reconsider the application in light of a prior judgment and set aside the impugned notice, without expressing an opinion on merits.

What did the court decide?

Directed the 3rd respondent to reconsider the application (Ext.P4) in light of RP No.815/2022; Ext.P5 notice set aside.

Palathingal Antony Francis Vs State of Kerala… — Municipal and Town Planning | Kerala HC (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 GOPINATH P.

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THURSDAY, THE 11^TH DAY OF JANUARY 2024 / 21ST POUSHA, 1945

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WP(C) NO. 3384 OF 2023

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PETITIONER/S:

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PALATHINGAL ANTONY FRANCIS AGED 70 YEARS ALAPATT PALATHINGAL, NEAR ST. ANTONY'S CHURCH, KALOOR, PIN - 680017 BY ADVS. K.ANAND BENNY ANTONY PAREL AMEER SALIM

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE THRIKKAKARA MUNICIPALITY MUNICIPAL OFFICE, THRIKKAKARA, KAKKANAD, ERNAKULAM., PIN - 682030

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3 THE SECRETARY THE THRIKKAKARA MUNICIPALITY, MUNICIPAL OFFICE, THRIKKAKARA, KAKKANAD, ERNAKULAM, PIN - 682030 4 ADDL.R4. REGIONAL TOWN PLANNER, OFFICE OF THE DISTRICT TOWN PLANNER, LSGD PLANNING, DPC SECRETARIAT BUILDING, 4TH FLOOR, CIVIL STATION, KAKKANAD-682 030 [IS IMPLEADED AS ADDITIONAL 4TH RESPONDENT AS PER ORDER DATED 08.03.2023 IN I.A.1/2023 IN WP(C)3384/2023.]

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BY ADVS. SMT. PREETHA K.K., GOVERNMENT PLEADER S.JAMAL, S.C. K.ANAND

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P (C) No.3384/2023

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J U D G M E N T

The petitioner has approached this court seeking the following reliefs;

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“(i) Call for the records leading to Ext.P5 and quash the same by writ of Certiorari or any other appropriate writ, order or direction;

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(ii) issue a writ of mandamus or any other appropriate writ or directions, commanding the 2^nd respondent to pass appropriate orders on Ext.P4 application in the light of Ext.P6 judgment of this Hon'ble Court;

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(iii) Declare that issuance of Ext.P5 notice directing to obtain zonal modification order is illegal.”

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When this matter is taken up for consideration today, it is the submission of the learned counsel appearing for the petitioner that the petitioner is satisfied if a direction is issued to the 3^rd respondent to reconsider Ext.P4 after taking note of the Division Bench decision of this court in RP No.815/2022.

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The learned counsel appearing for the Municipality submits that the petitioner is not entitled to any relief in the matter.

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Considering the limited nature of relief now sought, this writ petition will stand disposed of directing 3^rd respondent to consider Ext.P4 in the light of the judgment of this court in RP No.815/2022 dated 26-07-2023. In order to enable reconsideration of Ext.P4 by the 3^rd respondent Ext.P5 will stand set aside.

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It is made clear that I have not expressed any opinion on the merits of the petitioner's claim.

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Sd/- GOPINATH P. JUDGE

AMG

W.P (C) No.3384/2023

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APPENDIX OF WP(C) 3384/2023

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE 07021704782/2022 VILLAGE OFFICER,	LAND TAX RECEIPT NO: DATED 05.04.2022 ISSUED BY THE KAKKANAD
Exhibit P2	TRUE COPY OF THE OF THE PROPERTY	PHOTOGRAPHS EVIDENCING THE NATURE
Exhibit P3	TRUE COPY OF THE VILLAGE OFFICER,	LOCATION SKETCH ISSUED BY THE KAKKANAD DATED 3.12.2022
Exhibit P4	TRUE COPY OF THE PREFERRED BY THE	APPLICATION DATED 24.12.2022 PETITIONER TO THE 2ND RESPONDENT
Exhibit P5	TRUE COPY OF THE 05.01.2023 ISSUED PETITIONER	NOTICE NO: TP2-BA-338/2022 DATED BY THE 2ND RESPONDENT TO THE
Exhibit P6	TRUE COPY OF THE 559 OF 2016 OF TH	JUDGMENT DATED 26.10.2016 IN WA NO. E HONOURABLE HIGH COURT OF KERALA
Exhibit P7	TRUE COPY OF THE NO.29637 OF 2019 KERALA	JUDGMENT DATED 6.11.2019 IN WPÂ© OF THIS HONOURABLE HIGH COURT OF

Palathingal Antony Francis v. State of Kerala Represented by the Principal Secretary

Case brief

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Palathingal Antony Francis v. State of Kerala Represented by the Principal Secretary

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