Kerala High Court
Nirmal Jyoti Pvt. Special Trust vs Mallapally Grama Panchayath on 10 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021/19TH BHADRA, 1943
WP(C) NO. 17853 OF 2021
PETITIONER:
NIRMAL JYOTI PVT. SPECIAL TRUST,
MALLAPALLY,
BEARING REGISTRATION NO.170/4/2006,
REPRESENTED BY CHAIRMAN-CUM-MANAGING TRUSTEE
V. P. GOPALAKRISHNAN NAIR, AGED 62,
S/O. PARAMWESHWARAN NAIR,
ILAMKOOTTIL HOUSE,
PALAKKATHAKIDI P. O.,
KUNNAMTHAANAM, MALLAPALLY,
PATHANAMTHITTA,
REPRESENTED BY POWER OF ATTORNEY,
P.L. MOHANAN, AGED 63, S/O. PARAMESHWARAN,
LAKSHMI VILASOM, MAANTHAANAM P.O.,
KUNNAMTHAANAM, PATHANAMTHITTA.
BY ADVS.
SRI.C.S.MANILAL
SRI.S.NIDHEESH
SRI.ACHUT M NAIR
RESPONDENTS:
1 MALLAPALLY GRAMA PANCHAYATH,
REPRESENTED BY THE SECRETARY,
MALLAPALLY P.O.,
PATHANAMTHITTA - 689 583.
2 THE SECRETARY,
MALLAPALLY GRAMA PANCHAYAT,
MALLAPALLY P.O.,
PATHANAMTHITTA - 689 583.
SRI.P.MOHANDAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.17853/2021
:2 :
JUDGMENT
Dated this the 10th day of September, 2021
The petitioner is a private special trust constituted
for the purpose of establishing educational institutions
conducive to the social welfare of the general public. In
connection with the development of Nirmal Jyoti Private
School and Junior College, the petitioner submitted an
application for Building Permit. Ext.P1 Building Permit was
issued to the petitioner. However, the Building Permit expired
on 07.10.2017. Due to the floods in the subsequent years
and the COVID-19 pandemic, the petitioner could not
promptly pursue the matter.
2. The submission of the petitioner is that the
petitioner has now submitted Ext.P2 application for Building
Permit paying the prescribed fee as is evidenced by Ext.P3.
WP(C) No.17853/2021
The petitioner has also submitted Ext.P4 application for
Development Permit online. The applications are pending. In
such circumstances, the petitioner has filed this writ petition
seeking to direct the 2nd respondent to consider and pass
orders on the applications.
3. Though a copy of the writ petition was served on
the Standing Counsel for the respondent and notice by e-mail
was also carried out, there is no representation for the
respondents.
4. In the facts and circumstances, stated in the writ
petition, this Court is of the opinion that the writ petition can
be disposed of directing the 2nd respondent to consider Ext.P2
and Ext.P4 applications for Building Permit and Development
Permit in an expeditious manner.
The writ petition is therefore disposed of directing
the 2nd respondent to consider Ext.P2 application for Building
WP(C) No.17853/2021
Permit and Ext.P4 online application for Development Permit
submitted by the petitioner within a period of six weeks.
Sd/-
N. NAGARESH
JUDGE
SR
WP(C) No.17853/2021
APPENDIX OF WP(C) 17853/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE BUILDING PERMIT
DATED 09.10.2014.
Exhibit P2 TRUE COPY OF THE RECEIPT OF PAYMENT
DATED 15.07.2021.
Exhibit P3 TRUE COPY OF THE RECEIPT OF PAYMENT
DATED 15.07.2021.
Exhibit P4 TRUE COPY OF THE ONLINE APPLICATION
FOR DEVELOPMENT PERMIT DATED
14.07.2021.
Exhibit P5 TRUE COPY OF THE ONLINE APPLICATION
FOR DEVELOPMENT PERMIT DATED
14.07.2021.
Exhibit P6 TRUE COPY OF PHOTOGRAPHS.
Exhibit P7 TRUE COPY OF THE APPLICATION BEFORE
DISTRICT COLLECTOR DATED
31.05.2021.
