Stella Tomy vs The Secretary
2021 Latest Caselaw 11990 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                       WP(C).No.6373 OF 2021(V)


PETITIONER:


               STELLA TOMY
               AGED 58 YEARS
               W/O. TOMMY, MALIYEKKAL HOUSE,
               KURUVILASSERRY VILLAGE,
               CHALAKKUDY, THRISSUR.

               BY ADVS.
               SRI.R.SUNIL KUMAR
               SMT.A.SALINI LAL


RESPONDENTS:


      1        THE SECRETARY,
               MALA GRAMA PANCHAYATH
               MALA GRAMA PANCHAYATH OFFICE,
               MALA P.O. THRISSUR - 680 732.

      2        THE MALA GRAMA PANCHAYATH,
               REPRESENTED BY ITS SECRETARY,
               MALA GRAMA PANCHAYATH OFFICE,
               MALA P.O. THRISSUR - 680 732.

      3        THE DISTRICT TOWN PLANNER,
               DEPARTMENT OF COUNTRY AND TOWN PLANNING,
               LSGD PLANNING, DISTRICT TOWN PLANNER OFFICE,
               THRISSUR - 680 022.

      4        STATE OF KERALA,
               REPRESEND BY THE SECRETARY ,
               PUBLIC WORKS DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.
 W.P.(C)No.6373 of 2021
                                2

       5       INDIAN OIL CORPORATION LIMITED,
               REPRESENTED BY ITS DIVISIONAL MANAGER,
               KOZHIKODE DIVISIONAL OFFICE, IIND FLOOR
               P.M.K. TOWERS CIVIL STATION POST,
               WAYANAD ROAD, KOZHIKODE - 673 020.

               R1-2 BY SHRI.PHILIP T.VARGHESE, SC, MALA GRAMA
               PANCHAYATH
               R5 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
               R5 BY ADV. SRI.K.JOHN MATHAI
               R5 BY ADV. SRI.JOSON MANAVALAN
               R5 BY ADV. SRI.KURYAN THOMAS
               R5 BY ADV. SRI.PAULOSE C. ABRAHAM
               R5 BY ADV. SRI.RAJA KANNAN
               R3 & R4 BY SR GP SRI BIMAL K. NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 13.04.2021, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.6373 of 2021
                                      3



                                JUDGMENT

Dated this the 13th day of April, 2021

Heard learned counsel for the petitioner and learned standing

counsel and the learned Government Pleader for the respondents.

2. Having perused Ext.P5 order and also Ext.P6 judgment of this

court, there will be a direction to respondents 1 and 2 to consider Ext.P3

application for building permit taking into consideration Ext.P2 No

Objection Certificate of the District Collector and without insisting for

production of No Objection Certificate by the Public Works Department.

The application shall be considered within a period of one month from

the date of receipt of a copy of this judgment.

Writ petition is disposed of as above.

Sd/-

Murali Purushothaman Judge

vpv W.P.(C)No.6373 of 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF OFFER LETTER ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 24.12.19.

EXHIBIT P2 COPY OF THE NO OBJECTION CERTIFICATE ISEUD BY THE DISTRICT COLLECTOR DATED 22.1.21.

EXHIBIT P3 COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 29/08/2020 FILED BY THE PETITIONER.

EXHIBIT P4 COPY OF THE ORDER OF LAYOUT APPROVAL DATED 25/2/2021 BEARING NO. TCPTSR/134/ 2021-C1-DDIS DATED BY THE 3RD RESPONDENT.

EXHIBIT P5 COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 2/3/21 NO F. 5375/20.

EXHIBIT P6 COPY OF THE JUDGMENT IN WPC NO. 3844/2020 OF THIS HONBLE COURT DATED 2/12/2020.

/TRUE COPY/

P.A. TO JUDGE