Abdul Khader vs State Of Kerala
2023 Latest Caselaw 13188 Ker

Kerala High Court

Abdul Khader vs State Of Kerala on 15 December, 2023

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

WP(C) No.42281/2023                        1/3                         Order Date : 15-12-2023

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
           Friday, the 15th day of December 2023 / 24th Agrahayana, 1945
                              WP(C) NO. 42281 OF 2023
   PETITIONERS:

      1. ABDUL KHADER, AGED 38 YEARS, SON OF MUHAMMED ALI, KHADER MANZIL,
         MANNUR WEST, AGAVANDA, PALAKKAD, PIN-678642
      2. SHAJEENA, AGED 32 YEARS, WIFE OF ABDUL KHADER, KHADER MANZIL, MANNUR
         WEST, AGAVADA, PALAKKAD, PIN-678642

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF
         GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
         PIN-695001
      2. THE DEPUTY DIRECTOR, PANCHAYAT PALAKKAD, KERALA, PIN-678001
      3. THE SECRETARY, MANKARA GRAMA PANCHAYAT, PALAKKAD, PIN-678613


        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 direct the 3rd to consider and pass orders on Ext. P9
   application in the light of Ext. P11, P-12, P13 & P14 judgements and to
   grant building permit to the petitioner pending final 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
   M/S. SOBHAN GEORGE, PRIJATH BABU & AMALA.V.S, Advocates for the
   petitioners, the court passed the following:
 WP(C) No.42281/2023                        2/3                         Order Date : 15-12-2023




                            BECHU KURIAN THOMAS, J.
                      ========================
                             W.P.(C)No.42281 of 2023
                      ------------------------------------------------
                            Dated this the 15th day of December 2023


                                           ORDER

Learned Government Pleader takes notice for respondents 1 and

2. Learned Standing Counsel takes notice for the 3 rd respondent and

seeks time to get instructions.

Post on 16.01.2024.

BECHU KURIAN THOMAS JUDGE jm/ WP(C) No.42281/2023 3/3 Order Date : 15-12-2023

APPENDIX OF WP(C) 42281/2023 Exhibit P9 TRUE COPY OF THE REPLY DATED 13.12.2023 Exhibit P11 A TRUE COPY OF THE JUDGEMENT DATED IN WP NO.23309/2017 IN NAFEESA AND ANR V. CHAVAKKAD MUNICIPALITY & ORS Exhibit P12 A TRUE COPY OF THE JUDGMENT DATED 10.12.2021 IN WP NO.27104/2021 (ANEESH P VS PANJAL GRAMA PANCHAYATH AND ORS) OF THIS HONBLE HIGH COURT Exhibit P13 A TRUE COPY OF THE JUDGEMENT OF THE DIVISION BENCH OF THIS HON'BLE HIGH COURT IN WA NO.185/2022 (PANJAL PANCHAYATH AND ORS VS ANEESH P) DATED 25.03.2022 Exhibit P14 A TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE BENCH OF THIS HON'BLE HIGH COURT IN WP (C) NO.35575/2023 (SREEVIDYA P VS STATE OF KERALA &ORS.) DATED 16.11.2023