Kerala High Court
Sreekandan B vs Vellarada Grama Panchayat on 30 September, 2023
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.24116/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Saturday, the 30th day of September 2023 / 8th Aswina, 1945
WP(C) NO. 24116 OF 2023
PETITIONERS:
1. SREEKANDAN B., AGED 63 YEARS, AVANI, MAMPAZHAKKARA, PERUMPAZHUTHOOR
P.O., NEYATTINKARA, THIRUVANANTHAPURAM, PIN - 695126
2. REV. C.I. DAVID, AGED 51 YEARS, JOY BHAVAN, KURUSADIMUKKU, VELLARADA
P.O, THIRUVANANTHAPURAM, PIN - 695505
3. M.S. SHERIN, AGED 52 YEARS, JOY BHAVAN, KURUSADIMUKKU, VELLARADA
P.O,THIRUVANANTHAPURAM, PIN - 695505
RESPONDENTS:
1. VELLARADA GRAMA PANCHAYAT, PANACHUMOODU P.O, THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695505
2. SECRETARY, VELLARADA GRAMA PANCHAYAT, PANACHUMOODU P.O,
THIRUVANANTHAPURAM, PIN - 695505.
3. DIRECTOR GENERAL OF FIRE & RESCUE SERVICES, FIRE & RESCUE SERVICES,
FIRE FORCE JUNCTION THIRUVANANTHAPURAM, PIN - 695001
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd Respondent to grant building permit to the
petitioners in the light of Ext.P16 letter submitted by the Petitioners,
pending disposal of the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.ENOCH DAVID SIMON JOEL, RONY JOSE, LEO LUKOSE, KAROL MATHEWS SEBASTIAN
ALENCHERRY & DERICK MATHAI SAJI, Advocates for the petitioners, the court
passed the following:
WP(C) No.24116/2023 2/3
MURALI PURUSHOTHAMAN, J.
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W.P.(c) No. 24116 of 2023
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Dated this the 30th day of September, 2023
ORDER
Learned counsel for the petitioners submits that the defects noted in Ext. P18 cannot be sustained in view of the stand taken by the 3 rd respondent that no permission is required from them. It is also submitted that none of the other defects pointed out in Ext. P18 is sustainable in law.
2. The 2nd respondent shall file an affidavit before this Court as to why permit cannot be granted to the petitioner for operating the hot mix plant. The affidavit shall be placed on record before 10.10.2023.
Post on 11.10.2023.
Sd/-
MURALI PURUSHOTHAMAN JUDGE bnu WP(C) No.24116/2023 3/3 APPENDIX OF WP(C) 24116/2023 Exhibit P16 TRUE COPY OF THE LETTER DATED 14.06.2023 ALONG WITH THE SELF-DECLARATION FORM SUBMITTED BY PETITIONERS BEFORE THE 2ND RESPONDENT.