Citation : 2021 Latest Caselaw 23709 Ker
Judgement Date : 30 November, 2021
WP(C) No.26974/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
Tuesday, the 30th day of November 2021 / 9th Agrahayana, 1943
WP(C) NO. 26974 OF 2021
PETITIONER:
MATA AMRITANANDAMAYI MATH, KODUNGALLOOR, REPRESENTED BY THE GENERAL
SECRETARY OF THE MATH, SWAMI PURNAMRITANANDA PURI, S/O. KUTTAPPAN
NAIR, AGED 64 YEARS, R/O. MATA AMRITANANDAMAYI MATH, AMRITAPURI
P.O., PARAYAKADAVU, ALAPPAD, KOLLAM, AMRITHAPURI, KERALA-690525.
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION ANNEX, IRINJALAKUDA,
THRISSUR, PIN-680125.
3. THE SECRETARY, KODUNGALLOOR MUNICIPALITY, KODUNGALLOOR P.O.,
THRISSUR, PIN-680664.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to :-
(a) direct the 3rd respondent to process the application for
regularisation on payment of fee @10% on the fair value.
(b) direct the 3rd respondent to process the application for
building permit, without insisting on the payment of Rs.100/- per.sq.ft.,
pending disposal of the Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.B.G.HARINDRANATH Advocate for the petitioner, GOVERNMENT PLEADER for
R1 & R2 and of STANDING COUNSEL for R3, the court passed the following:
WP(C) No.26974/2021 2/3
ANU SIVARAMAN, J
==========================
W.P.(C). No.26974 of 2021
============= ============
Dated this the 30th day of November, 2021
ORDER
Admit.
2. Learned Government Pleader takes notice for respondents 1 and 2.
Learned standing counsel takes notice for the 3rd respondent.
3. There will be an interim direction to the 2 nd respondent to take up
Ext.P8 application and to consider and pass orders on the same in
consonance with Ext.P10 Government Order and the amended provisions of
the Act, the Rules and the Schedules attached thereto and without reference
to the Circular dated 23.07.2021.
4. There will be a further direction to the 3rd respondent to process the
application for building permit, without insisting for payment of Rs.100/-
per sq.ft., provisionally and pending further orders in this writ petition.
Post along with connected cases.
Sd/-
Anu Sivaraman, Judge NP 30-11-2021 /True Copy/ Assistant Registrar WP(C) No.26974/2021 3/3 Exhibit P10 TRUE COPY OF THE GAZETTE NOTIFICATION DATED 25.2.2021
PUBLISHED IN KERALA GAZETTE DATED 21.4.2021 PURSUANT TO THE JUDGMENT IN WP(C) NO.14312 OF 2019.
Exhibit P8 TRUE COPY OF THE APPLICATION IN FORM 7 DATED 30.1.2020 SUBMITTED BY PETITIONER.
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