Sherly C.A vs State Of Kerala
2021 Latest Caselaw 3350 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                        WP(C).No.2279 OF 2021(H)


PETITIONER/S:

                SHERLY C.A.
                AGED 49 YEARS
                W/O. UMESHKUMAR, SHALOM HOUSE, NEAR RAJAN MILL,
                KOTTEKADU P.O., PALAKKAD DISTRICT, PIN-678 732.

                BY ADVS.
                SRI.DINESH MATHEW J.MURICKEN
                SRI.N.R.SANGEETHARAJ
                SRI.VINOD S. PILLAI
                SMT.SREELAKSHMI R.
                SHRI.MOHAMMED THAYIB N.M.

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT
                DEPARTMENT, SECRETARIAT, PALAYAM P.O.,
                THIRUVANANTHAPURAM DISTRICT, PIN-695 001.

      2         KAIPARAMBU GRAMA PANCHAYATH
                MUNDOOR P.O., THRISSUR, PIN-683 584, REPRESENTED BY
                ITS SECRETARY.

      3         THE SECRETARY
                KAIPARAMBU GRAMA PANCHAYATH, MUNDOOR P.O., THRISSUR,
                PIN-683 584.


OTHER PRESENT:

                SC P.C. SASIDHARAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2279 OF 2021(H)

                                           2



                                       JUDGMENT

The petitioner, who is served with Ext.P5 show cause notice against a

construction proposed by him, has preferred Ext.P6 reply to the said show

cause before the 3rd respondent. The limited prayer at this stage is for a

direction to the 3rd respondent to consider and pass orders on the same,

expeditiously, after hearing the petitioner.

2.I have heard the learned counsel appearing for the petitioner and also

the learned Standing Counsel appearing for the respondents.

On a consideration of the facts and circumstances of the case as also

the submissions made across the Bar, I dispose the writ petition by directing

the 3rd respondent to consider and pass orders on Ext.P6 reply within an outer

time limit of 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 3 rd respondent, for

further action.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

SJ WP(C).No.2279 OF 2021(H)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF SALE DEED NO.297/2020 OF SUB REGISTRAR OFFICE, MUNDOOR EXECUTED IN FAVOUR OF THE PETITIONER DATED 1.2.2020.

EXHIBIT P2 TRUE COPY OF SALE DEED NO.298/2020 OF SUB REGISTRAR OFFICE, MUNDOOR EXECUTED IN FAVOUR OF THE PETITIONER DATED 1.2.2020.

EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 3RD RESPONDENT DATED 7.9.2020.

EXHIBIT P4 TRUE COPY OF THE STOP MEMO ISSUED BY THE 3RD RESPONDENT DATED 25.11.2020.

EXHIBIT P5 TRUE COPY OF THE SHOW CAUSE NOTICE NO.A4-

3739/20 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 25.11.2020.

EXHIBIT P6 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 14.12.2020.