IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 2473 OF 2022
PETITIONER:
JACOB K.O.,
AGED 70 YEARS
S/O. OUSEPH, KANNANKERIL, KUMBALANGI VILLAGE,
KUMBALANGI P.O., KOCHI TALUK,
ERNAKULAM DISTRICT-682007.
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
NITHEESH.M
RESPONDENTS:
1 THE KUMBALANGI VILLAGE PANCHAYAT,
REPRESENTED BY ITS SECRETARY, KUMBALANGI P.O.,
KOCHI TALUK, ERNAKULAM DISTRICT-682007.
2 THE SECRETARY,
KUMBALANGI VILLAGE PANCHAYAT, KUMBALANGI P.O.,
KOCHI TALUK, ERNAKULAM DISTRICT-682007.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.2473/2022
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.2473 of 2022
----------------------------------------------
Dated this the 09th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to issue building permit for construction of boundary wall as applied for in Exhibit P5 at the earliest and within a definite time frame as fixed by this Honourable Court ii. Pass such other orders as this Honourable Court deems fit and proper in the facts and circumstances of the case.
(SIC)
2. When this writ petition came up for consideration, this Court issued notice to the respondents through e-mail.
Even after service of notice, there is no appearance for the respondents. The limited prayer of the petitioner is for a consideration of the building permit application as evident by Ext.P5 plan and receipt within a time frame. I think the said prayer can be allowed.
Therefore, this writ petition is allowed in the following manner:
W.P.(C).No.2473/2022 3 The 2nd respondent is directed to consider and take appropriate decision in Ext.P5 application for building permit, as expeditiously as possible,at any rate, within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.2473/2022 4 APPENDIX OF WP(C) 2473/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED BEARING NO.2224/05 DATED 30/03/2005 OF THE SRO, KOCHI.
Exhibit P2 TRUE COPY OF THE TAX RECEIPT NO.
KL07010208706/2021 DATED 01/10/2021. Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE NO. 60612721 DATED 18/10/2021.
Exhibit P4 TRUE COPY OF THE NOTICE NO.
D/4567/2021 DATED 28/09/2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P5 TRUE COPY OF THE PLAN FOR THE PROPOSED BOUNDARY WALL TOGETHER WITH RECEIPT NO.5269 DATED 22/10/2021 ISSUED BY THE 2ND RESPONDENT.