Sri. Biju K vs The State Of Kerala
2021 Latest Caselaw 314 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                      WP(C).No.10368 OF 2020(U)


PETITIONER:

               SRI. BIJU K, AGED 45 YEARS, S/O.KARUNAKARAN,
               RESIDING AT BIJU MANDIRAM, PALLIMON MURI,
               PALLIMON VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

               BY ADVS.
               SRI.MADHU RADHAKRISHNAN
               SRI.NELSON JOSEPH
               SRI.SUNDEEP ABRAHAM
               SRI.M.D.JOSEPH
               SHRI.DEEPAK ASHOK KUMAR

RESPONDENTS:

      1        THE STATE OF KERALA,
               REPRESENTED BY THE CHIEF SECRETARY, CENTRAL STADIUM,
               M.G.ROAD, PALAYAM, THIRUVANANTHAPURAM-695001.

      2        DEPUTY DIRECTOR OF PANCHAYATS,
               PANCHAYAT DIRECTORATE,
               PATHANAMTHITTA DISTRICT-689645.

      3        SECRETARY, ARUVAPPULAM GRAMA PANCHAYAT,
               KONNI-689691.

      4        CIRCLE INSPECTOR OF POLICE,
               KONNI POLICE STATION,
               PATHANAMTHITTA DISTRICT-689691.

               BY ADVS. SRI.C.B.SREEKUMAR,SC,
                        SRI. S GOPINATHAN, SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10368 OF 2020(U)

                              -2-

                            JUDGMENT

Dated this the 6th day of January 2021

The matter has been taken up along with

W.P.(C) No.10396 of 2020. Having heard both the

learned counsel for the petitioners, I am of the view

that W.P.(C)No.10396 of 2020 can be kept pending

here and W.P.(C) No.10368 of 2020 can be disposed of.

Accordingly, it is taken up for disposal.

3. The petitioner in W.P.(C) No. 10368 of 2020

now confined his relief for consideration of

development permit in the light of Ext.P17 issued by

the Chief Town Planner, Thiruvananthapuram .

4. Taking note of the facts and circumstances

as above, it is appropriate to direct the Panchayat to

consider the development permit based on Ext.P17,

after adverting to the objections of the inhabitants, WP(C).No.10368 OF 2020(U)

including the objection of the petitioner in

W.P.(C)No.10396 of 2020, without any delay, at any

rate, within a period of 4 weeks.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE akv WP(C).No.10368 OF 2020(U)

APPENDIX OF WP(C) 10368/2020 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 SALE DEED NO.1622/19 OF SRO KONNI DATED 30.8.2019 IN FAVOUR PETITIONER.

EXHIBIT P2 SALE DEED NO.1623/19 OF SRO KONNI DATED 30.8.2019 IN FAVOUR OF PETITIONER.

EXHIBIT P3 REGISTERED AGREEMENT NO.1624/19 OF SRO KONNI DATED 30.8.2019 BETWEEN PETITIONER AND VENDORS OF SALE DEED NO.1622/19 OF SRO KONNI.

EXHIBIT P4 JUDGMENT OF THE HON'BLE HIGH COURT IN WPC.29728/2019 DATED 4.12.2019.

EXHIBIT P5 WRITTEN APPLICATION BY THE PETITIONER TO THE VILLAGE PANCHAYAT UNDER RULE 14 OF THE KBR, 2019 DATED 23.1.2020.

EXHIBIT P6 LETTER FROM 3RD RESPONDENT TO 4TH RESPONDENT DATED 8.2.2020.

EXHIBIT P7 LETTER OF PETITIONER TO 3 RESPONDENT DATED 4.3.2020

EXHIBIT P8 SERIES(A) LETTER OF 3RD RESPONDENT TO PETITIONER DATED 5.3.2020.

EXHIBIT P8 SERIES (B) LETTER OF 3RD RESPONDENT TO PETITIONER DATED 5.3.2020.

EXHIBIT P9 LETTER OF PETITIONER TO 3RD RESPONDENT DATED 19.3.2020.

EXHIBIT P10 COMPLAINT FILED BY PETITIONER WITH THE 2ND RESPONDENT DATED 28.4.2020.

EXHIBIT P11 FINAL NOTICE SERVED ON THE 3RD RESPONDENT DATED 11.5.2020.

EXHIBIT P12 FIR LODGED AGAINST THE PETITIONER BY 4TH RESPONDENT DATED 15.5.2020.

EXHIBIT P13 NEWSPAPER ARTICLE CITING THE ISSUE OF THE DEVELOPMENT ACTIVITY UNDERTAKEN BY THE PETITIONER.

WP(C).No.10368 OF 2020(U)

EXHIBIT P14 REPRESENTATION BY THE PETITIONER BEFORE THE 4TH RESPONDENT FOR POLICE PROTECTION.

EXHIBIT P15 LETTER OF R2 TO PANCHAYAT DIRECTOR, THIRUVANANTHAPURAM NO.G1-2168/2020 DATED 09.06.2020.

EXHIBIT P16 LETTER OF PANCHAYAT DIRECTOR TO CHIEF TOWN PLANNER NO.PAN/9014/2020-C7(DP) DATED 08.10.2020.

EXHIBIT P17 REPLY OF CHIEF TOWN PLANNER TO PANCHAYAT DIRECTOR NO.TCPCTP/1704/2020-E3 DATED 02.11.2020.

RESPONDENT'S/S EXHIBITS:

EXHIBIT RE(1) TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE DISTRICT TOWN PLANNING OFFICER DATED 18.01.2020.

EXHIBIT R3(2) TRUE COPY OF THE LETTER DATED 05/03/2020

EXHIBIT R3(3) TRUE COPY OF THE LETTER DATED 08/02/2020

EXHIBIT R3(4) TRUE COPY OF THE LETTER OF THE DISTRICT TOWN PLANNER, PATHANAMTHITTA DATED 06/02/2020

EXHIBIT R3(5) TRUE COPY OF THE DEVISION OF THE VILLAGE COMMTTEE DATED 15/02/2020

EXHIBIT R3(6) TRUE COPY OF THE LETTER DATED 10/03/2020

EXHIBIT R3(7) TRUE COPY OF THE LETTER DATED 29/04/2020

EXHIBIT R3(8) TRUE COPY OF THE LETTER DATED 02/06/2020

//TRUE COPY// PA TO JUDGE