Shebeer Basheer vs State Of Kerala
2021 Latest Caselaw 15369 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                           WP(C) NO. 762 OF 2021
PETITIONER:

              SHEBEER BASHEER
              AGED 34 YEARS
              S/O.BASHEER,SHEBEER MANZIL,MANJALLOOR MURI,PATHANAPURAM
              VILLAGE,PATHANAPURAM TALUK,KOLLAM DISTRICT,REPRESENTED BY
              POWER OF ATTORNEY HOLDER,BASHEER RAWTHER,S/O.MEERAVU
              RAWTHER,SHEBEER MANZIL,MANJALLOOR MURI,PATHANAPURAM
              VILLAGE,KOLLAM DISTRICT.



              BY ADV ANCHAL C.VIJAYAN


RESPONDENTS:



     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT,LOCAL SELF
              GOVERNMENT DEPARTMENT,GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM,PIN-695001.



     2        THE DEPUTY DIRECTOR OF PANCHAYATS,
              KOLLAM,PIN-691013.



     3        THE PATHANAPURAM GRAMA PANCHAYAT,
              PATHANAPURAM.P.O,PIN-689695,
              KOLLAM DISTRICT,REPRESENTED BY ITS SECRETARY.



     4        THE SECRETARY,
              THE PATHANAPURAM GRAMA PANCHAYAT,
              PATHANAPURAM.P.O, PIN-689695,
              KOLLAM DISTRICT.



     5        THE ASSISTANT ENGINEER,
              L.S.G.D.SECTION,PATHANAPURAM GRAMA
              PANCHAYATH,PATHANAPURAM.P.O,
              PIN-689695,KOLLAM DISTRICT.
 WP(C) NO. 762 OF 2021                   -2-


* ADDL. 6TH RESPONDENT

     6      THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS

*[ADDL. 6TH RESPONDENT IS SUO MOTU IMPLEADED AS PER ORDERS OF THIS
COURT DATED 22.07.2021]

            BY GOVERNMENT PLEADER SRI.RAVIKRISHNAN
            BY ADV SRI.V.PHILIP MATHEW, SC, PATHANAPURAM GRAMA
                                                         PANCHAYAT



     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
           ==================
                W. P. (C) No.762 of 2021
           ==================
           Dated this the 22nd day of July, 2021

                          JUDGMENT

Challenging the rejection of the petitioner's

application for development permit, the petitioner has approached this Court in this Writ Petition.

Pending the writ petition, he has approached the

Tribunal for Local Self Government Institutions as

per Ext.P11 appeal. The appeal has been registered

as No.23/2021.

2. Without expressing anything on the merits,

the writ petition is disposed of directing the

Tribunal to consider and pass appropriate orders on

Ext.P11 in accordance with law, as expeditiously as

possible.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 762/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRIUE COPY OF THE TAX RECEIPT

EXHIBIT P2 TRUE COPY OF POSSESION CERTIFICATE

EXHIBIT P3 TRUE COPY OF LOCATION SKETCH

EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT DATED 15.07.2020 ISSUED TO THE PETITIONER

EXHIBIT P5 TRUE COPY OF THE REPORT SUBMITTED BY THE 5TH RESPONDENT TO 4TH RESPONDENT DATED 19.09.2020.

EXHIBIT P6 TRUE COPY OF CONSENT LETTER GIVEN BY THE OWNER OF THE PROPERTY ON THE SOUTHERN AND WESTERN SIDE OF THE PROPOSED SITE

EXHIBIT P7 TRUE COPY OF THE CONSENT LETTER GIVEN BY THE OWNER OF THE PROPERTY ON THE NORTHERN SIDE OF THE PROPOSED SITE.

EXHIBIT P8 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE EXECUTIVE ENGINEER,KERALA PUBLIC WORKS DEPARTMENT

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION NO.B2-5790/20 DATED 05.10.2020.

EXHIBIT P10 TRUE COPY OF THE FILE NO.B2/5790/20 DATED 17.08.2020 OF THE 3RD RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE APPEAL MEMORANDUM IN APPEAL NO.23 OF 2021 ON THE FILES OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

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