R.Mani vs State Of Kerala
2021 Latest Caselaw 11832 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                       WP(C).No.7327 OF 2021(M)


PETITIONER:

               R.MANI
               AGED 63 YEARS
               S/O. LATE RAMAIAH, H.NO.X/1010, IKKA NAGAR COLONY,
               MUNNAR P.O., IDUKKI, DISTRICT,IN-685 612

               BY ADV. SRI.N.M.VARGHESE

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
               SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001

      2        THE DISTRICT COLLECTOR,
               IDUKKI DISTRICT, COLLECTOR, KOYILIMALA, IDUKKI
               P.O.,PIN-685 602

      3        THE TAHSILDAR,
               DEVIKULAM TALUK, DEVIKULAM P.O., PIN-685 613

      4        THE MUNNAR GRAMA PANCHAYATH,
               REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,
               MUNNAR P.O., PIN-685 612

      5        THE VILLAGE OFFICER,
               MUNNAR VILLAGE, MUNNAR P.O., PIN-685 612

               R1-R3,R5 BY ADV.SRI.K.J.MANURAJ, GP
               R4 BY ADV.ARUN THOMAS (SC)

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7327 OF 2021(M)

                                         2




                         W.P.(C) No.7327 of 2021
                     -------------------------------------------


                                JUDGMENT

Petitioner owns a building within the limits of Munnar

Village. It is stated that when the petitioner undertook certain repair

works in the building, Ext.P5 stop memo was issued by the Village

Officer stating that the petitioner has not obtained permission for

undertaking the works in terms of the order passed by this Court on

21.01.2010 in W.P.(C) No.1801 of 2010. The petitioner, thereupon,

preferred Ext.P6 application before the third respondent for permission

to carryout the works proposed by him in the building. It is alleged that

Ext.P6 application is not being considered by the third respondent.

The petitioner, therefore, seeks appropriate directions in this regard in

the writ petition.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. On a query from the court, the learned Government

Pleader affirmed that the third respondent is competent to consider

Ext.P6 application.

In the circumstances, the writ petition is disposed of WP(C).No.7327 OF 2021(M)

directing the third respondent to consider and pass orders on Ext.P6

application with notice to the petitioner, within two weeks.

Sd/-

                                           P.B.SURESH KUMAR

Mn                                                JUDGE
 WP(C).No.7327 OF 2021(M)





                               APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1                 A PHOTOCOPY OF RESIDENTIAL OWNERSHIP MUNNAR

GRAMA PANCHAYATH IN THE NAME OF THE PETITIONER

EXHIBIT P2 A PHOTOCOPY OF CERTIFICATE NO.A4-5144/2019 DATED 29.08.2019 ISSUED BY THE MUNNAR GRAMA PANCHAYATH IN THE NAME OF THE PETITIONER

EXHIBIT P3 A PHOTOCOPY OF CERTIFICATE NO.A4-5143/2019 DATED 29.08.2019 ISSUED BY THE MUNNAR GRAMA PANCHAYATH IN THE NAME OF THE PETITIONER

EXHIBIT P4 A PHOTOCOPY OF BUILDING PERMIT NO.A3-

5151/2019 DATED 24.08.2019 ISSUED BY THE MUNNAR GRAMA PANCHAYATH IN THE NAME OF THE PETITIONER

EXHIBIT P5 A PHOTOCOPY OF ORDER NO.33/20 DATED 20.11.2020 ISSUED BY THE 5TH RESPONDENT VILLAGE OFFICER

EXHIBIT P6 A PHOTOCOPY OF APPLICATION DATED 243.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

EXHIBIT P7 A PHOTOCOPY OF JUDGMENT OF THIS HONOURABLE COURT DATED 29.01.2018 PASSED IN WPC NO.19112 OF 2007 //TRUE COPY// PA TO JUDGE