Roy M. Mathew vs Pathanamthitta Municipality
2021 Latest Caselaw 2447 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

            THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

           THURSDAY, THE 21ST DAY OF JANUARY 2021/1ST MAGHA, 1942

                         W.P(C).No.1627 OF 2021(C)


PETITIONER:

                ROY M. MATHEW
                AGED 72 YEARS, (THE CHAIRMAN, MUTHOOTTU MINI THEATRES
                PVT LTD.), S/O. M MATHEW MUTHOOT HOUSE,
                KOZHANCHERRY P O, PATHANAMTHITTA DISTRICT, PIN-689641.

                BY ADVS.SRI.M.T.SURESHKUMAR
                        SRI.R.RENJITH

RESPONDENTS:

       1        PATHANAMTHITTA MUNICIPALITY
                PATHANAMTHITTA P O, PATHANAMTHITTA,
                REPRESENTED BY ITS SECRETARY, PIN-689645.

       2        THE SECRETARY
                PATHANAMTHITTA MUNICIPALITY,
                PATHANAMTHITTA P O, PATHANAMTHITTA PIN-689645.

       3        THE DISTRICT TOWN PLANNER
                LSGD PLANNING, COLLECTORATE, PATHANAMTHITTA-689645.

                BY SRI.A.RAVIKRISHNAN, GOVT. PLEADER
                BY SRI.JAMES ABRAHAM, SC

          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
     ON 21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
     FOLLOWING:
 W.P.(C).No.1627/2021                :: 2 ::




                              JUDGMENT

The petitioner has preferred Ext.P1 application before the

2nd respondent, for building permit. The petitioner has also

produced, along with the writ petition, copy of the application as

also the copies of the possession certificate and location sketch

obtained by him. The limited prayer in the writ petition is for a

direction to the 2nd respondent to consider and pass orders on

Ext.P1 application, expeditiously, after hearing the petitioner.

2. I have heard the learned counsel appearing for the

petitioner, the learned Standing counsel appearing for

respondents 1 and 2 and the learned Government Pleader

appearing for the 3rd respondent.

On a consideration of the facts and circumstances of the

case as also the submissions made across the bar, I dispose the

writ petition with a direction to the 2 nd respondent to consider

and pass orders on Ext.P1 application preferred by the petitioner W.P.(C).No.1627/2021 :: 3 ::

for building permit, within six weeks from the date of receipt of a

copy of this judgment, after hearing the petitioner. The

petitioner shall produce a copy of the writ petition together with

a copy of this judgment before the 2nd respondent, for further

action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

prp/21/1/2021 APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT AND PLAN SUBMITTED BY THE PETITIONER DATED 10.11.2020.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 04.11.2020 ISSUED BY THE VILLAGE OFFICER, PATHANAMTHITTA.

EXHIBIT P3 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OWNED BY THE PETITIONER.

RESPONDENTS EXHIBITS:          NIL.



                              //TRUE COPY//


                               P.S. TO JUDGE