Kerala High Court
C.M.Kunhammad Haji vs The Secretary on 21 August, 2012
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
TUESDAY, THE 21ST DAY OF AUGUST 2012/30TH SRAVANA 1934
WP(C).No. 19708 of 2012 (K)
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PETITIONER(S):
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C.M.KUNHAMMAD HAJI, AGED 54 YEARS,
S/O. KUNHABDULLA HAJI, TRADER, KELOTH KOYILOTH HOUSE,
POST PERODE, VATAKARA TALUK, KOZHIKODE DISTRICT,
KERALA STATE.
BY ADVS.SRI.B.KRISHNAN
SRI.R.PARTHASARATHY
SRI.RAJESH V.NAIR
SMT.SEEMA PARTHASARATHY
RESPONDENT(S):
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1. THE SECRETARY, NADAPURAM GRAMA PANCHAYAT,
POST KALLACHI, PIN-673 506.
2. THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
(LOCAL ADMINISTRATION),
THIRUVANANTHAPURAM-695 001.
3. MOYILOTH KADEESA , AGED 70 YEARS,
W/O. ABDULLA, KUMMANKODE AMSOM, NADAPURAM DESOM,
POST NADAPURAM, VATAKARA TALUK, KOZHIKODE DISTRICT,
KERALA STATE, PIN-673 504.
4. MOYILOTH HAMEED , AGED 48 YEARS,
S/O. ABDULLA, PUTHIYOTTIL HOUSE, KUMMANKODE AMSOM,
NADAPURAM DESOM, POST NADAPURAM, VATAKARA TALUK,
KOZHIKODE DISTRICT, KERALA STATE, PIN-673 504.
5. MOYILOTH ASHRAF , AGED 45 YEARS,
S/O. ABDULLA, VELLACHALIL HOUSE, KUMMANKODE AMSOM,
KAKKAMVELLI DESOM, POST NADAPURAM, VATAKARA TALUK,
KOZHIKODE DISTRICT, KERALA STATE, PIN-673 504.
6. MOYILOTH MOOSSA , AGED 42 YEARS,
S/O. ABDULLA, KANNOLI HOUSE, KUMMANKODE AMSOM,
NADAPURAM DESOM, POST NADAPURAM, VATAKARA TALUK,
KOZHIKODE DISTRICT, KERALA STATE, PIN-673 504.
R1 & R2 BY GOVERNMENT PLEADER SMT. SUNITHA VINOD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LSN
WP(C).No. 19708 of 2012 (K)
APPENDIX
PETITIONER(S) EXHIBITS
EXT.P1 : TRUE COPY OF THE PETITION DTD.9.7.2012 BY THE WRIT PETITIONER.
EXT.P2 : TRUE COPY OF THE ACKNOWLEDGMENT OF THE 1ST RESPONDENT HAVING
RECEIVED THE ORIGINAL OF EXT.P1 DTD.10.7.2012.
EXT.P3 : TRUE COPY OF THE DRAWING WHICH IS PART OF THE BUILDING PERMIT TAKEN
BY THE RESPONDENTS 3 TO 6.
EXT.P4 : TRUE COPY OF THE SURVEY PLAN OF FIELD 71/2 NADAPURAM VILLAGE WHERE
RESPONDENTS 3 TO 6 PROPOSED BUILDING A COMMERCIAL COMPLEX AND
RS 71/3 NADAPURAM VILLAGE WHERE THE WRIT PETITIONER HAS IMMOVABLE
PROPERTY.
EXT.P5 : TRUE COPY OF THE DEED OF ASSIGNMENT IN FAVOUR OF THE PETITIONER
DTD.24.7.1997.
EXT.P6 : TRUE COPY OF THE PLAINT OS NO.103/2012 ON THE FILE OF MUNSIFF COURT,
NADAPURAM, DTD.30.5.2012.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
LSN
ANTONY DOMINIC, J.
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W.P.(C) NO.19708 OF 2012(K)
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Dated this the 21st day of August, 2012
J U D G M E N T
Petitioner submits that objecting to the building permit granted to respondents 3 to 6 he filed Ext.P1 petition before the first respondent, invoking his power under Rule 18 of the Kerala Building Rules. In this writ petition he seeks a direction to the Panchayat to consider Ext.P1 petition.
2. If as stated by the petitioner, Ext.P1 Petition filed by him is received and is pending, it is necessary that the first respondent should consider the same in accordance with law.
2. Therefore, I direct the first respondent to consider Ext.P1 with notice to the petitioner and respondents 3 to 6 as expeditiously as possible and at any rate within 6 weeks of production of a copy of the judgment. It is made clear that this Court has not expressed anything on the merits and it is entirely up to the first respondent to decide on the merits of the issue in accordance with law.
Petitioner shall produce a copy of the judgment along with a copy of the writ Petition before the first respondent for compliance.
Writ Petition is disposed of as above.
(ANTONY DOMINIC) JUDGE vi/ WPC.No. :2 : WPC.No. :3 :