Rahim.A vs Panmana Grama Panchayath
2021 Latest Caselaw 9977 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                        WP(C).No.1366 OF 2021(U)


PETITIONER/S:

                RAHIM.A
                AGED 58 YEARS
                S/O.ABDUL RAHMAN KUNJU,KANNIMEL PUTHAN VEEDU,PANMANA
                VILLAGE,POROORKADA.P.O,
                EDAPPALLIKOTA,KOLLAM DISTRICT,PIN-691583.

                BY ADVS.
                SHRI.SASI M.R.
                SHRI.M.THAHA
                SMT.MINI SAMUEL
                SMT.DHARMYA M.S

RESPONDENT/S:

    1           PANMANA GRAMA PANCHAYATH
                EDAPPALLYCOTTA.P.O,KARUNAGAPPALLY TALUK,
                KOLLAM DISTRICT,PIN-691583,REPRESENTED BY ITS
                SECRETARY.

    2           THE SECRETARY,
                PANAMANA GRAMA PANCHAYAT,
                EDAPPALLICOTTA.P.O,KOLLAM DISTRICT,PIN-691583.

    ADDL.R3     TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS
                THIRUVANANTHAPURAM

ADDITIONAL R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED 24.03.2021
IN THE WRIT PETITION

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1366 OF 2021(U)               2




                                 JUDGMENT

Challenging the dismissal of the petitioner's

application seeking issuance of building permit, the

petitioner has preferred Ext.P13 appeal before the

Tribunal for Local Self Government Institutions. The

appeal is pending. The petitioner seeks for an

expeditious consideration of the same.

The Writ Petition is disposed of directing the

additional 3rd respondent to consider the appeal and pass

appropriate orders after hearing the petitioner, as

expeditiously as possible and at any rate, within a

period of three months from the date of receipt of a

copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 10/08/2020 ISSUED FROM THE VILLAGE OFFICE,PANAMANA.

EXHIBIT P2 THE TRUE COPY OF BUILDING TAX RECEIPT DATED 08/01/2008 FOR THE YEAR 2007-2008 ISSUED BY THE PANAMANA GRAMA PANCHAYATH.

EXHIBIT P3 TRUE COPY OF BUILDING TAX RECEIPT DATED 29/04/2009 FOR THE YEAR 2008-2009,ISSUED BY THE PANAMANA PANCHAYAT.

EXHIBIT P4 TRUE COPY OF RELEVANT PAGE OF BASIC TAX REGISTER OF PANAMANA VILLAGE

EXHIBIT P5 TRUE COPY OF THE DEMAND NOTICE DATED 17/12/1996 ISSUED BY THE REVENUE OFFICER.

EXHIBIT P6 TRUE COPY OF NOTICE DATED 28.1.1998 ISSUED BY THE TAHSILDAR.

EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 13/08/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P7(A) TRUE COPY OF THE BUILDING PLAN.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 08/09/2020 RECEIVED FROM THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGES OF THE EXTRAORDINARY GAZETTE VOL.57 BEARING NO.595/02/GP-51 DATED 24/03/2012

EXHIBIT P10 TRUE COPY OF THE POSSESSION AND LOCATION CERTIFICATE DATED 17/09/2020 ISSUED BY THE VILLAGE OFFICER,PANMANA.

EXHIBIT P11 TRUE COPY OF THE ENQUIRY REPORT DATED 23/09/2020 PREPARED BY THE VILLAGE OFFICER,PANMANA.

EXHIBIT P12 TRUE COPY OF FORM NO.IX BUILDING TAX DEMAND NOTICE DATED 2801/1998 ISSUED BY THE REVENUE OFFICER.

EXHIBIT P13 TRUE COPY OF THE APPEAL MEMORANDUM DATED 25/1/2021 FILED BY THE PETITIONER BEFORE THE HON'BLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.