For Information Purpose Only vs Beena Valsalan
2021 Latest Caselaw 6459 Ker

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                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          Present:
              THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

               Tuesday,the 23rd day of February 2021/4th Phalguna, 1942
                                IA/1/2021 IN WP(C)/16514/2020

    For   information purpose only
PETITIONER/PETITIONER
     BEENA VALSALAN,AGED 56 YEARS
      W/O. VALSALAN, 136 C, SOUPARNIKA APARTMENTS, MANKUZHY ROAD,
      EDAPPALLY, ERNAKULAM DISTRICT, PIN-682 024.
RESPONDENTS/RESPONDENTS
1. DISTRICT COLLECTOR
    KOZHIKODE, CIVIL STATION, ERANHIPALAM, KOZHIKODE-673 020.
2. PANANGAD GRAMA PANCHAYATH
    POST PANANGAD, KOZHIKODE DISTRICT, PIN-673 612, REPRESENTED
    BY ITS SECRETARY.
3. RAJAN,AGED 55 YEARS
    S/O. PERAVIKUTTY, THEKKUVEETTIL, VATTOLI BAZAR POST,
    THAMARASSERY, KOZHIKODE DISTRICT, PIN-673 623.



 Application/Petition praying that in the circumstances stated in the affidavit filed
therewith the High Court be pleased to               clarify that if the petitioner
removes/demolishes the 60cms. projection mentioned in Ext. P10, the 2nd
respondent cannot insist for producing revised building plan and revised permit
in terms of Rule(6) of Kerala Panchayath Building Rules, 2019.




This petition coming on for orders upon perusing the petition and the affidavit
filed in support of WP(C) and upon hearing the arguments of M/S K.P.SUDHEER
and C.K.SHERIN, Advocates for the petitioner, GOVERNMENT PLEADER for R1
and of Sri.VINOD SINGH CHERIAN, Advocate for R2, the court passed the
following
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                                 ALEXANDER THOMAS, J.
                                       --------------------
                         IA 1 of 2021 IN WP(C) No.16514 of 2020
                                       --------------------
                         Dated this the 23rd day of February 2021


      For information purpose only
                   ORDER

Sri.K.P.Sudheer, learned counsel appearing for the applicant/writ

petitioner submits that the applicant herein/writ petitioner has been

advised to withdraw the present I.A. and to file a review petition so as

to impugn the judgment dated 25.8.2020 in W.P.(C).No. 16514/2020

on the ground that the permission to make the construction was

secured by the petitioner from the local body concerned, not for the

purpose making the construction on his own volition, but only since he

was constrained to re-erect the building as it was damaged on account

of falling down of a banyan tree standing in the Government property

and that in that regard, he has also secured permission to re-erect the

building after repair, etc, as per Ext.P-3 and that therefore the

impugned judgment in the W.P.(C). for obtaining a fresh building

permit may be appropriately modulated and reviewed, etc.

Liberty is accorded to the petitioner to work out his remedies in

the manner known to law. With the said liberty, the abovesaid I.A. will

stand dismissed as withdrawn.

Sd/-

                                                       ALEXANDER THOMAS,JUDGE
sdk
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                                /true copy/
                                                          Sd/-
                                              ASSISTANT REGISTRAR




    For information purpose only
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EXHIBIT P3 - TRUE COPY OF BUILDING PERMIT NO.A4 10404/17 DATED 21.4.2018 AND THE PLAN APPROVED BY THE 2ND RESPONDENT.

For information purpose only