Munnar Misty Valley Resorts Pvt. ... vs Tahsildar, Devikulam
2021 Latest Caselaw 16496 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                        WP(C) NO. 14021 OF 2021
PETITIONER:

          MUNNAR MISTY VALLEY RESORTS PVT. LTD.
          ALANICKAL ESTATE, KARADIPARA, VATTIYAR P.O.685565,
          MUNNAR, KERALA, REPRESENTED BY ITS DIRECTOR AND
          AUTHORIZED SIGNATORY, MR. GEORGE KUTTY MANUEL.

          BY ADV RAJU K.MATHEWS



RESPONDENTS:

    1     TAHSILDAR,
          TALUK OFFICE, DEVIKULAM PO,
          IDUKKI DISTRICT-685613.

    2     THE VILLAGE OFFICER
          PALLIVASSAL VILLAGE OFFICE,
          PALLIVASSAL P.O.,
          DEVIKULAM TALUK-685565.

    3     DISTRICT COLLECTOR,
          IDUKKI, COLLECTORATE, PAINAVU PO,
          IDUKKI-685603.

          BY ADV

          SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
          SRI.Y.JAFAR KHAN, SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14021 OF 2021

                                     2

                     P.V.KUNHIKRISHNAN, J.
                   ========================
                     WP(C) NO. 14021 OF 2021
             ========================
       Dated this the 5th day of August, 2021

                                JUDGMENT

This writ petition is filed with the following prayers:

"i) to issue a writ of mandamus or other appropriate writ, direction or order, directing the respondents 1 to 3 to grant to the petitioner, 'No Objection Certificate' (NOC) for the reconstruction of the existing buildings in the property comprised in Resurvey Block No.11, Resurvey No.194/2, 203/1-1 and 203/1-2 of Pallivassel Village, owned by the petitioner- Company, as sought for in Ext.P5, forthwith;

ii) to issue such other writ direction or order of this Hon'ble Court deems just and fit;

And

iii) to award costs."

2. The main grievance of the petitioner is that the 1st

respondent is not giving a 'no objection certificate' for certain

reconstruction of the existing building in the property owned by

the petitioner. The learned counsel takes me through Ext.P4

photographs and submitted that a reconstruction of the

building is necessary. According to the petitioner he submitted

Ext.P5 before the 1st respondent. The learned counsel WP(C) NO. 14021 OF 2021

submitted that even now no orders are passed.

3. Heard the learned Senior Government Pleader also.

The Government Pleader submitted that the 1 st respondent will

consider Ext.P5 and will pass appropriate orders as

expeditiously as possible in accordance with law.

4. In the light of the above submission, I think there can

be a direction to the 1st respondent to consider Ext.P5 within a

time frame.

Therefore, this writ petition is disposed in the following

manner:

(a) The 1st respondent will consider Ext.P5 and pass

appropriate order in accordance with law as expeditiously as

possible, at any rate, within six weeks from the date of receipt

of a copy of this judgment

(b) Before passing final orders in Ext.P5, the 1 st

respondent will give an opportunity of hearing to the petitioner.

Sd/-

P.V.KUNHIKRISHNAN JUDGE scs WP(C) NO. 14021 OF 2021

APPENDIX OF WP(C) 14021/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF THE PETITIONER COMPANY.

Exhibit P2 A TRUE COPY OF THE SALE DEED NO.1411 OF 2005 OF DEVIKULAM SRO.

Exhibit P3 A TRUE COPY OF THE RECEIPT DATED 20.4.2021 EVIDENCING PAYMENT OF THE BASIC TAX.

Exhibit P4 TRUE PHOTOGRAPHS SHOWING THE PRESENT CONDITION OF THE BUILDINGS.

Exhibit P5 A TRUE COPY OF THE APPLICATION SUBMITTED TO THE 1ST RESPONDENT.

Exhibit P6 A TRUE COPY OF THE REPORT DATED 26.5.2021 OF THE 2ND RESPONDENT.