Kerala High Court
Mavila Prajeesh Kumar vs District Collector on 15 June, 2015
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 8TH DAY OF APRIL 2016/19TH CHAITHRA, 1938
WP(C).No. 5798 of 2016 (Y)
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PETITIONER):
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MAVILA PRAJEESH KUMAR
S/O.GOVINDAN NAMBIAR, SREENILAYAM,
PAZHASSI, URIVACHAL P.O.,
MATTANNUR, KANNUR DISTRICT-670702.
BY ADVS. SRI.PRATHEESH.P
SMT.RENY ANTO
RESPONDENT:
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1. DISTRICT COLLECTOR
CIVIL STATION BUILDING, KANNUR-670002.
2. THE MATTANNUR MUNICIPALITY
REPRESENTED BY ITS SECRETARY-670702.
3. THE AGRICULTURAL OFFICER
KRISHI BHAVAN, MATTANNUR-670702.
4. THE BUILDING ENGINEER
MATTANNUR MUNICIPALITY, MATTANNUR-670702.
5. VILLAGE OFFICER
PAZHASSI, KANNUR DISTRICT-670702.
R2 BY ADV. SRI.V.M.SYAM KUMAR
R2 BY ADV. SMT.P.F.ROSY
R2 BY ADV. SMT.KRIPA ELIZABETH MATHEWS
BY GOVERNMENT PLEADER SRI.K.A.MANZOOR ALI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-04-
2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5798 of 2016 (Y)
APPENDIX
PETITIONER'S EXHIBITS
P1: COPY OF ORDER NO.TB(3) 4373/13(1) ITEM 5 DATED 15.6.2015 ALONG
WITH THE PLAN APPROVED BY THE 3RD RESPONDENT.
P2: COPY OF THE PROPOSED PLAN OF THE BUILDING AFTER MAKING SLIGHT
DEVIATION FROM EXT.P1 PLAN.
P3: COPY OF THE STATEMENT FILED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 4.12.2015.
P4: COPY OF THE NOTICE ISSUED BY THE MUNICIPALITY DATED 12.1.2016.
RESPONDENTS' EXHIBITS
NIL
/True Copy/
P.A. to Judge
ANU SIVARAMAN, J.
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W.P.(C).No.5798 of 2016
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Dated this the 8th day of April, 2016
JUDGMENT
1.This writ petition is filed challenging Ext.P4 notice dated 12.01.2016 issued by the Engineer of the Municipality in question. Learned counsel for the petitioner submits that the Municipal Engineer has no manner of authority to pass an order rejecting an application for building permit. The power is vested with the Secretary of the local authority to pass orders.
2.Heard learned counsel of the petitioner and learned standing counsel for the Municipality.
3.No justifiable reason is seen for issuance of the order by the Municipal Engineer. In the above circumstances, Ext.P4 is set aside. The Secretary of the 2nd respondent Municipality is directed to take up and consider the application preferred W.P.(C).No.5798 of 2016 2 by the petitioner for building permit and pass orders thereon within one month from the date of receipt of a copy of this judgment with reference to Ext.P3 representation as well. This writ petition is ordered accordingly.
sd/-
Anu Sivaraman, Judge sj8/4