Elizabath Varghese Mathew vs State Of Kerala
2021 Latest Caselaw 16937 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                       WP(C) NO. 13558 OF 2021
PETITIONER:

          ELIZABATH VARGHESE MATHEW
          AGED 39 YEARS
          D/O.VARGHESE MATHEW, MYNAMANNIL HOUSE,
          KURUMPAKARA P.O., PATHANAMTHITTA - 689 695.

          BY ADVS.
          P.MOHAMED SABAH
          SAIPOOJA



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY,
          DEPARTMENT OF LOCAL SELF GOVERNMENT,
          ROOM NO.264, 2ND FLOOR, SOUTH BLOCK, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.

    2     ENADIMANGALAM GRAMA PANCHAYAT,
          PANCHAYAT OFFICE, ENADIMANGALAM,
          PATHANAMTHITTA - 691 524,
          REPRESENTED BY ITS SECRETARY

    3     THE SECRETARY
          ENADIMANGALAM GRAMA PANCHAYAT,
          ENADIMANGALAM, PATHANAMTHITTA - 691 524

    4     THE DISTRICT GEOLOGIST
          DEPARTMENT OF MINING & GEOLOGY,
          PATHANAMTHITTA DISTRICT,
          NEAR KENDRIYA VIDYALAYA, ADOOR P.O.,
          PATHANAMTHITTA - 691 523

          R1 & R4 BY SRI. JUSTIN, SR. GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13558 OF 2021
                                2




                          JUDGMENT

The petitioner is the owner of landed properties, having an

extent of 0.0405 Hectares and 0.0202 Hectares in Re Survey

Nos.324/1/1 and 324/1/2 of Enadimangalam Village. The

petitioner, in order to construct a residential building, has made

applications for Development Permit and Building Permit before

the 2nd respondent as evident from Exts.P2 and P3 receipts

issued by the said respondent. It is seen that the applications

were filed as early as on 28.01.2021 . The grievance of the

petitioner is that the applications for Development Permit as well

the Building Permit is not so far considered by the 2 nd

respondent.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. Even though service of notice is complete, there is no

appearance for the respondents 2 and 3. Since the application

for the Development Permit as well the Building Permit is stated

to be pending before the respondents 2 and 3, there will be a

direction to the said respondents to consider and dispose of WP(C) NO. 13558 OF 2021

those applications within a period of one month from the date of

receipt of a copy of this judgment. Based on the said decision, it

will be open to the petitioner to approach the 4 th respondent for

transit passes.

The writ petition is disposed of with the above directions.

Sd/-

MURALI PURUSHOTHAMAN JUDGE DK WP(C) NO. 13558 OF 2021

APPENDIX OF WP(C) 13558/2021

PETITIONER EXHIBITS:

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE BEARING NO.53022137 DATED 05.01.2021 ISSUED FROM THE ENADIMANGALAM VILLAGE OFFICE TO THE PETITIONER

Exhibit P2 TRUE COPY OF THE RECEIPT DATED 28.1.2021 ISSUED BY THE RESPONDENT NO.2 EVIDENCING THE SUBMISSION OF APPLICATION OF DEVELOPMENT PERMIT BY THE PETITIOENR

Exhibit P3 TRUE COPY OF THE RECEIPT DATED 28.1.2021 ISSUED BY THE RESPONDENT NO.2 EVIDENCING THE SUBMISSION OF THE APPLICATION OF BUILDING PERMIT BY THE PETITIONER