Kerala High Court
Bijo K Kurian vs State Of Kerala on 27 February, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY,THE 27TH DAY OF FEBRUARY 2019 / 8TH PHALGUNA, 1940
WP(C).No. 1333 of 2019
PETITIONER/S:
1 BIJO K KURIAN
AGED 48 YEARS
S/O. K.I.KURIAKOSE, KURIAPPURAM HOUSE, ERIKKINCHIRA,
KORENCHIRA POST, ALATHUR TALUK, PALAKKAD DISTRICT,
REPRESENTED BY THE POWER OF ATTORNEY HOLDER, K.I.
KURIAKOSE, S/O LATE ITHAPPIRI, KURIAPPURAM HOUSE,
ERIKKINCHIRA, KORENCHIRA POST, ALATHUR TALUK,
PALAKKAD DISTRICT.
2 BISHO K. KURIAN,
S/O KI KURIAKOSE,KURIAPPURAM HOSUE, ERIKKINCHIRA,
KORENCHIRA POST, ALATHUR TALUK, PALAKKAD DISTRICT,
REPRESENTED BY THE POWER OF ATTORNEY HOLDER, K.I.
KURIAKOSE, S/O LATE ITHAPPIRI, KURIAPPURAM HOUSE,
ERIKKINCHIRA, KORENCHIRA POST, ALATHUR TALUK,
PALAKKAD DISTRICT.
BY ADVS.
SRI.SAJAN VARGHEESE K.
SRI.JOPHY POTHEN KANDANKARY
SRI.LIJU. M.P
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY TE SECRETARY TO GOVERNMENT, DEPARTMENT
OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
2 VADAKKANCHERRY GRAMA PANCHAYAT
VADAKKANCHERRY POST, ALATHUR TALUK, PALAKKAD
DISTRICT, REPRESENTED BY THE SECRETARY.
3 THE SECRETARY
VADAKKANCHERRY GRAMA PANCHAYAT, VADAKKANCHERRY POST,
ALATHUR TALUK, PALAKKAD DISTRICT.
WP(C).No. 1333 of 2019
2
4 THE REVENUE DIVISIONAL OFFICER
PALAKKAD.
BY ADV. SRI.N.KRISHNA PRASAD
SRI PAUL ABRAHAM VAKKANAL GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1333 of 2019
3
JUDGMENT
This writ petition is filed by the petitioner, challenging Ext.P9 communication issued by the 2 nd respondent, Grama Panchayat dated 20.7.2018, pointing out to the petitioner that the KLU Order secured by the predecessor-in-title of the property will not suffice, to consider the building permit application submitted by the petitioner for construction of a compound wall. The point that is raised by the petitioner is that. already in respect of the very same property, Ext.P4 order is issued by the Revenue Divisional Officer to the predecessor- in-title of the property dated 28.4.2008. The issue was considered by this Court in Shahul Hameed Vs. Principal Secretary, Local Self Government, [2018 (1) KLT 1008] and held that, if and when an order is secured in accordance with the provisions of the KLU Order, in respect of the property in question, a fresh order need not be secured by the purchaser of the property.
2. The proposition of law laid down by this Court in the afore- quoted judgment will squarely apply to the facts and circumstance of this case also, and therefore, after hearing learned Counsel for the petitioner, learned Government Pleader and the learned Counsel appearing for respondents 2 and 3, this writ petition is disposed of, directing the 3rd respondent to finalise the application submitted by WP(C).No. 1333 of 2019 4 the petitioner, at the earliest and at any rate within three weeks from the date of receipt of a copy of this judgment, without insisting for a fresh KLU Order from the petitioner.
The writ petition is disposed of accordingly.
Sd/ SHAJI P.CHALY JUDGE Jm/ WP(C).No. 1333 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE FIRST PETITIONER IN FAVOUR OF HIS FATHER, KURIAKOSE KURIAPPURAM ITHAPPIRI @ K.I. KURIAKOSE DATED 20.2.2017.
EXHIBIT P2 TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE SECOND PETITIONER IN FAVOUR OF HIS FATHER, KURIAKOSE KURIAPPURAM ITHAPPIRI @ K.I. KURIAKOSE DATED 20.2.2017.
EXHIBIT P3 TRUE COPY OF THE DEED NO.3590/2011 OF SRO, VADAKKANCHERRY.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 28.4.2008 (NO.J.2126/08) PASSED BY THE 4TH RESPONDENT.
EXHIBIT P5 TRUE COPYOF THE LOCATION CERTIFICATE OF THE PROPERTY COVERED IN EXHIBITS P3 AND P4.
EXHIBIT P6 TRUE COPY OF THE TAX RECEIPT DATED 18.5.2018 IN RESPECT OF THE PROPERTY COMPRISED IN EXHIBITS P3 AND P4.
EXHIBIT P7 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY.
EXHIBIT P8 TRUE COPY OF THE PLAN SUBMITTED BEFORE THE 2ND RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 20.7.2018 PASSED BY THE 3RD RESPONDENT.