Robin Peter vs State Of Kerala
2022 Latest Caselaw 2512 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                         WP(C) NO. 257 OF 2022
PETITIONER:

            ROBIN PETER
            AGED 27 YEARS
            S/O. LATE RAYAPPAN, ARAKKAPARAMBIL HOUSE, THOKKUPARA
            P.O, IDUKKI DISTRICT, PIN - 685565.
            BY ADV N.M.VARGHESE


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF
            GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
            695001.
    2       STATE OF KERALA,
            DEVIKULAM, REVENUE DIVISIONAL OFFICE, DEVIKULAM P.O,
            IDUKKI DISTRICT, PIN - 685613.
    3       PALLIVASAL GRAMA PANCHAYATH
            REPRESENTED BY ITS SECRETARY, PALLIVASAL P.O, IDUKKI
            DISTRICT, PIN - 685565.
            BY ADV SHRI.JOICE GEORGE, PALLIVASAL GRAMA PANCHAYAT

            SMT PRINCY XAVIER, SR GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.257 OF 2022

                                     2




                            JUDGMENT

Dated this the 4th day of March, 2022

This writ petition is filed seeking directions to the

respondents to consider and pass orders on Exhibit P3

application submitted by the petitioner for license.

2. It is submitted by the learned counsel for the

petitioner that Exhibit P3, which is an application submitted for

license is not being considered by the respondents even

though it had been submitted as early as on 04.10.2021.

3. Learned counsel appearing for the Panchayath

submits that an NOC from the District Collector is required for

the change of nature of occupancy of the building which is the

reason why the application is not considered.

4. Learned Government Pleader submits that it is on

the basis of recommendation from the local authority

concerned that the application for the license for home stay is

to be considered by the Director of Panchayat.

5. The learned counsel for the petitioner relies on

Exhibit P7 communication issued by the RDO, requiring the WP(C).No.257 OF 2022

petitioner to make the application before the Panchayath.

In any view of the matter, since Exhibit P3 is pending

before the respondent Panchayat, I am of the opinion that it is

for the respondent to pass the reasoned order on the

application submitted by the petitioner. There will, accordingly,

be a direction to the 3rd respondent to take up Exhibit P3 and

to consider and pass orders on the same in accordance with

law. In case the application of the petitioner is being rejected

by the respondents, the respondents shall state the specific

reason for rejecting the application. Appropriate steps shall be

taken within a period of one month from the date of receipt of

a copy of this judgment.

The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/04/03 WP(C).No.257 OF 2022

PETITIONER'S EXHIBITS:

A PHOTOCOPY OF SALE DEED NO. 1658/1/2017 DATED 24.10.2017 OF S.R.O DEVIKULAM Exhibit P1 EXECUTED IN FAVOUR OF THE PETITIONER AND HIS MOTHER.

A PHOTOCOPY OF RESIDENTIAL OWNERSHIP CERTIFICATE NO. 5057701/163/2021 DATED Exhibit P2 10.08.2021 ISSUED IN THE NAME OF THE PETITIONER AND HIS MOTHER.

A PHOTOCOPY OF APPLICATION DATED Exhibit P3 04.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT PANCHAYATH. A PHOTOCOPY OF ONLINE INDUSTRY REGISTRATION RECEIPT DATED 01.10.2021 Exhibit P4 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.

A PHOTOCOPY OF SANITARY CERTIFICATE DATED Exhibit P5 04.10.2021 ISSUED BY THE HEALTH AUTHORITIES.

A PHOTOCOPY OF REPRESENTATION DATED Exhibit P6 07.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, IDUKKI. A PHOTOCOPY OF COMMUNICATION Exhibit P7 NO.RDODVM/1480/2021-A3 DATED 06.12.2021.

  RESPONDENTS' EXHIBITS:     NIL



    SSK                     //TRUE COPY//     PA TO JUDGE