Kerala High Court
Unknown vs By Advs. Sri.K.Jaju Babu on 2 June, 2011
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID
THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933
WP(C).No. 23444 of 2011(E)
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PETITIONER
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PUTHUMANA KESAVAN,
S/O. KUTTIKRISHNA MENON,
MATHILAKAM HOUSE, MARUTHOOR.P.O,
PATTAMBI, PALAKKAD DISTRICT.
BY ADVS. SRI.K.JAJU BABU
SMT.M.U.VIJAYALAKSHMI
SRI.T.R.SADEESAN
SRI.T.S.SHYAM PRASANTH
SMT.DIVYA CHANDRAN
RESPONDENTS
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1. PATTAMBI GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
PATTAM.P.O, PIN - 695 023.
2. THE DIRECTOR, DIRECTOR OF ARCHEOLOGY,
GOVERNMENT OF KERALA,SREEPADAM PALACE,,
FORT PO, THIRUVANANTHAPURAM 695023.
3RD RESPODENT IMPLEADED
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ADDL. R3. NATIONAL MONUMENT AUTHORITY,
24, TILAK MARG, NEW DELHI 110001,
REP. BY ITS MEMBER SECRETARY ;
IMPLEADED AS PER ORDER IN IA.19108/2011 DT. 1.2.11
R1 BY ADV. SRI.A.HAROON RASHEED, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
VK
WP(C).No. 23444 of 2011(E)
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APPENDIX
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PETITIONER'S EXHIBITS
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EXT.P1. COPY OF THE JUDGMENT DATED 02.06.2011 IN WPC
NO.14852/2011 OF THE HON'BLE HIGH COURT OF KERALA.
EXT.P2. COPY OF THE LETTER DATED 17.08.2011 OF THE SPECIAL GRADE
SECRETARY, PATTAMBI GRAMA PANCHAYATH.
EXT.P3. COPY OF THE ORDER DATED 11.03.2011 IN WPC NO.6393/2011 OF
THE HON'BLE HIGH COURT OF KERALA
EXT.P4. COPY OF THE ORDER DATED 30.06.2011 IN WPC NO.17683/2011 OF
THE HON'BLE HIGH COURT OF KERALA.
EXT.P5. COPY OF THE REPRESENTATION DATED 19.08.2011 SUBMITTED
BEFORE THE RESPONDENT BY THE PETITIONER.
EXT.P6. COPY OF THE JUDGMENT DATED 16.08.2011 I N WPC
NO.22142/2011 OF THE HON'BLE HIGH COURT OF KERALA.
EXT.P7. COPY LETTER NO.301/11/AMASR/CA DATED 30.9.2011 ISSUED BY
THE COMPTETENT AUTHORITY OF THE 3RD RESPONDENT TO THE
PETITIONER.
EXT.P8. COPY OF THE LETTER NO.B7 6613/2012 28.5.2012 ISSUED BY
PATTMBI PANCHAYAT ALONG WITH THE SITE PLAN AND BUILDING PLAN
OF THE PETITIONER'S PROPERTY.
EXT.P9. COPY OF THE LOCATION SKETCH MAP OF PROPERTY AND THE
TEMPLE IN QUESTION PREPARED BY THE VILLAGE OFFICER ON 7.8.2010.
RESPONDENT'S EXHIBIT : NIL
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/ TRUE COPY /
P.A. TO JUDGE
VK
HARUN-UL-RASHID, J.
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W.P.(C).No.23444 Of 2011
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Dated this the 1st day of December, 2011.
J U D G M E N T
The writ petition is filed for a direction commanding the respondent Panchayath to consider Ext.P5 in the light of Exts.P3, P4 & P6 and to grant permission to make construction in the property covered by the application for permit for construction of building mentioned in Ext.P2.
2. The Director, Directorate of Archeology, Government of Kerala in the statement filed submitted that the application of the petitioner will be referred to the National Monument Authority. In the light of the stand taken by the 2nd respondent that the application will be referred to National Monument Authority, the writ petition is disposed of with a direction directing the 2nd respondent to forward the application for NOC dated 9.2.2011 to the additional 3rd respondent namely, National Monument Authority, within a period of ten days from the date of receipt of a copy of this judgment, to consider and pass appropriate orders on the application dated 9.2.2011 for NOC. A ::2::
W.P.(C).No.23444 Of 2011 further direction is issued to the additional 3rd respondent to consider and pass appropriate orders on the application for NOC within a period of one month from the date of receipt of the application.
HARUN-UL-RASHID, Judge.
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