Kerala High Court
Sajimon A.G vs The Revenue Divisional Officer on 9 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 19108 OF 2021
PETITIONERS:
1 SAJIMON A.G
AGED 56 YEARS
S/O. CHERIYAN, OTHALAKUZHIYIL HOUSE, EDAKKARA P.O,
NILAMBUR TALUK, MALAPPURAM DISTRICT - 679331.
2 BEENA SAJI, W/O.SAJIMON A.G., AGED 53 YEARS,
OTHALAKUZHIYIL HOUSE, EDAKKARA P.O.,
NILAMBUR TALUK, MALAPPURAM DISTRICT - 679 331
BY ADV. PRINSUN PHILIP
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER,
PERINTHALMANNA TALUK, PERINTHALMANNA, MALAPPURAM
DISTRICT - 679322.
2 THE EDAKKARA GRAMA PANCHAYATH
EDAKKARA, MALAPPURAM REPRESENTED BY ITS SECRETARY.
3 THE TAHSILDAR (LAND RECORDS)
TALUK OFFICE, NILAMBUR, NILAMBUR,
MALAPPURAM DISTRICT - 679330,
4 DEPUTY DIRECTOR OF PANCHAYATHS,
CIVIL STATION, UP HILL, MALAPPURAM - 676505.
BY ADV M.P.PRABHAKARAN (PALAKKAD) - R2
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19108 OF 2021
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 19108 of 2021
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Dated this the 09th day of June, 2022
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) a writ of mandamus or any other appropriate
writ order or direction to the second respondent to
dispose application for building permit
No.C2/6067/2020 dated 12.10.2020 submitted by the
petitioners through Ext.P8 receipt within a reasonable
time after affording an opportunity of hearing to the
petitioners;
(ii) a writ of mandamus or any other appropriate
writ order or direction to the second respondent to
collect the original or duplicate files from the office of
the fourth respondent if necessary for the disposal of
the application for building permit No.C2/6067/2020
dated 12.10.2020 submitted by the petitioners
through Ext.P8 receipt forthwith.
(iii) such other relief's as this Hon'ble Court
deems fit to grant in the nature of this case."[SIC]
2. The grievance of the petitioners is that the
WP(C) NO. 19108 OF 2021
building permit application submitted by the petitioners
is not considered by the 2 nd respondent Panchayat. The
counsel appearing for the 2 nd respondent Panchayat
submitted that the writ petition itself is premature and
the application will be considered in accordance to law,
after giving an opportunity of hearing to the petitioner.
3. In such circumstances, I think nothing survives
in this case and the writ petition itself can be disposed of
directing the 2nd respondent to consider and pass
appropriate orders in the building permit application
submitted by the petitioners, within a time frame, after
giving an opportunity of hearing to the petitioner.
Therefore this writ petition is disposed of in the
following manner:
i. The 2nd respondent is directed to dispose
of the application for building permit No.
C2/6067/2020 dated 12.10.2020 submitted by the
petitioners as evident by Ext.P8 receipt, as
expeditiously as possible, at any rate, within a
WP(C) NO. 19108 OF 2021
period of one month from the date of receipt of a
copy of this judgment.
ii. Before passing final orders, the 2nd
respondent will give an opportunity of hearing to
the petitioners.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 19108 OF 2021
APPENDIX OF WP(C) 19108/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE BASIC TAX RECEIPT
DATED 04.03.2021
EXHIBIT P1A TRUE COPY OF THE BASIC TAX RECEIPT
DATED 04.03.2021
EXHIBIT P2 TRUE COPY OF THE ORDER DATED
18.03.2019 ISSUED BY FIRST RESPONDENT
EXHIBIT P2A TRUE COPY OF THE ORDER DATED
02.05.2019 ISSUED BY FIRST RESPONDENT
EXHIBIT P3 TRUE COPY OF THE CHALAN DATED
08.03.2019 FOR RS.3,33,960/- ISSUED
BY THE SUB TREASURY, EDAKKARA
EXHIBIT P3A TRUE COPY OF THE CHALAN DATED
30.03.2019 FOR RS.3,33,960/- ISSUED
BY THE SUB TREASURY, EDAKKARA
EXHIBIT P4 TRUE COPY OF THE BUILDING PERMIT
DATED 29.03.2019 ISSUED BY THE SECOND
RESPONDENT
EXHIBIT P4A TRUE COPY OF THE BUILDING PERMIT
DATED 26.06.2019 ISSUED BY THE SECOND
RESPONDENT
EXHIBIT P4B TRUE COPY OF THE BUILDING PERMIT
DATED 28.07.2020 ISSUED BY THE SECOND
RESPONDENT
EXHIBIT P5 TRUE COPY OF OWNERSHIP CERTIFICATE
DATED 25.02.2020 ISSUED BY THE SECOND
RESPONDENT FOR THE BUILDING 1872/A
EXHIBIT P5A TRUE COPY OF OWNERSHIP CERTIFICATE
DATED 25.02.2020 ISSUED BY THE SECOND
RESPONDENT FOR THE BUILDING 1872/B
EXHIBIT P5B TRUE COPY OF OWNERSHIP CERTIFICATE
WP(C) NO. 19108 OF 2021
DATED 25.02.2020 ISSUED BY THE SECOND
RESPONDENT FOR THE BUILDING 1872/C
EXHIBIT P5C TRUE COPY OF OWNERSHIP CERTIFICATE
DATED 25.02.2020 ISSUED BY THE SECOND
RESPONDENT FOR THE BUILDING 1872/D
EXHIBIT P6 TRUE COPY OF THE ORDER NO.2309/2020,
G4-2310/2020 DATED 15.05.2020 ISSUED
BY THE THIRD RESPONDENT TO THE FIRST
PETITIONER
EXHIBIT P6A TRUE COPY OF THE ORDER NO.2309/2020,
G4-2310/2020 DATED 15.05.2020 ISSUED
BY THE THIRD RESPONDENT TO THE SECOND
PETITIONER
EXHIBIT P7 TRUE COPY OF THE NO OBJECTION
CERTIFICATE DATED 18.09.2020 ISSUED
BY THE REGIONAL FIRE OFFICER, FIRE
AND RESCUE SERVICES, PALAKKAD
EXHIBIT P8 TRUE COPY OF THE CASH RECEIPT
NO.69829861 DATED 12.10.2020 ISSUED
BY THE SECOND RESPONDENT OT REMIT THE
BUILDING CONSTRUCTION APPLICATION FEE
EXHIBIT P9 TRUE COPY OF THE LETTER DATED
06.03.2021 SUBMITTED BY THE
PETITIONERS BEFORE THE SECOND
RESPONDENT
EXHIBIT P10 TRUE COPY OF THE LETTER NO.C
2173/2021 DATED 22.03.2021 ISSUED BY
SECOND RESPONDENT TO THE PETITIONER
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
