Jacob K.O vs The Kumbalangi Village Panchayat
2022 Latest Caselaw 6618 Ker

            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. 2473 OF 2022
PETITIONER:

            JACOB K.O.,
            AGED 70 YEARS
            S/O. OUSEPH, KANNANKERIL, KUMBALANGI VILLAGE,
            KUMBALANGI P.O., KOCHI TALUK,
            ERNAKULAM DISTRICT-682007.
            BY ADVS.
            V.N.SANKARJEE
            V.N.MADHUSUDANAN
            R.UDAYA JYOTHI
            M.M.VINOD
            M.SUSEELA
            KEERTHI B. CHANDRAN
            VIJAYAN PILLAI P.K.
            C.PURUSHOTHAMAN NAIR
            NITHEESH.M

RESPONDENTS:

    1       THE KUMBALANGI VILLAGE PANCHAYAT,
            REPRESENTED BY ITS SECRETARY, KUMBALANGI P.O.,
            KOCHI TALUK, ERNAKULAM DISTRICT-682007.
    2       THE SECRETARY,
            KUMBALANGI VILLAGE PANCHAYAT, KUMBALANGI P.O.,
            KOCHI TALUK, ERNAKULAM DISTRICT-682007.



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   09.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.2473/2022

                                         2


                  P.V.KUNHIKRISHNAN, J.
                   --------------------------------
                   W.P.(C).No.2473 of 2022
            ----------------------------------------------
           Dated this the 09th day of June, 2022
                             JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to issue building permit for construction of boundary wall as applied for in Exhibit P5 at the earliest and within a definite time frame as fixed by this Honourable Court ii. Pass such other orders as this Honourable Court deems fit and proper in the facts and circumstances of the case.

(SIC)

2. When this writ petition came up for consideration,

this Court issued notice to the respondents through e-mail.

Even after service of notice, there is no appearance for the

respondents. The limited prayer of the petitioner is for a

consideration of the building permit application as evident by

Ext.P5 plan and receipt within a time frame. I think the said

prayer can be allowed.

Therefore, this writ petition is allowed in the following

manner:

W.P.(C).No.2473/2022

The 2nd respondent is directed to consider and

take appropriate decision in Ext.P5 application

for building permit, as expeditiously as

possible,at any rate, within a period of one

month from the date of receipt of a copy of this

judgment.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.2473/2022

APPENDIX OF WP(C) 2473/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED BEARING NO.2224/05 DATED 30/03/2005 OF THE SRO, KOCHI.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT NO.

KL07010208706/2021 DATED 01/10/2021. Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE NO. 60612721 DATED 18/10/2021.

Exhibit P4 TRUE COPY OF THE NOTICE NO.

D/4567/2021 DATED 28/09/2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P5 TRUE COPY OF THE PLAN FOR THE PROPOSED BOUNDARY WALL TOGETHER WITH RECEIPT NO.5269 DATED 22/10/2021 ISSUED BY THE 2ND RESPONDENT.