Kerala High Court
James Mathew vs The Secretary, Thidanad Grama ... on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 10826 OF 2024
PETITIONER:
JAMES MATHEW,
AGED 61 YEARS
KURUVINAKUNNEL HOUSE, KAVEEKUNNU P. O.,
PALA, KOTTAYAM DISTRICT, PIN - 686574
BY ADVS.
P.T.MOHANKUMAR
RAM MOHAN
RAJESH CHERIAN KARIPPAPARAMBIL
RESPONDENT:
THE SECRETARY, THIDANAD GRAMA PANCHAYAT,
GRAMA PANCHAYAT OFFICE, THIDANAD P. O.,
KOTTAYAM DISTRICT, PIN - 686123
BY ADV GEORGEKUTTY MATHEW
SMT. DEVI SHRI. R - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10826 OF 2024
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MOHAMMED NIAS C.P., J.
=========================
W.P.(C). No. 10826 of 2024
=========================
Dated this the 11th day of April, 2024
JUDGMENT
The petitioner challenges Ext.P6 order passed by the
Panchayat, rejecting an application for a building permit
submitted by him on the ground that the property was
exempted as a plantation under the Kerala Land Reforms
Act, 1963.
2. Both sides submit that the issue is covered by
Exts.P9 and P10, the judgments of this Court in W.P.(C) No.
24523 of 2023 and W.P.(C) No. 35210 of 2023
respectively.
3. Accordingly, the impugned orders are quashed.
There will be a direction to the panchayat to reconsider
the applications submitted by the petitioner for a building
WP(C) NO. 10826 OF 2024
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permit, as expeditiously as possible, at any rate, within
two months from the date of receipt of a certified copy of
this judgment, if the applications are otherwise in order.
The writ petition is allowed accordingly.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
LU
WP(C) NO. 10826 OF 2024
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APPENDIX OF WP(C) 10826/2024
PETITIONER EXHIBITS :
EXHIBIT P-1 TRUE COPY OF THE POSSESSION CERTIFICATE
ISSUED BY THE VILLAGE OFFICER, KONDUR
TO THE PETITIONER, DATED 05-01-2024
EXHIBIT P-2 TRUE COPY OF THE BASIC TAX RECEIPT
ISSUED BY THE VILLAGE OFFICER, KONDUR
TO THE PETITIONER, DATED 19-10-2023
EXHIBIT P-3 TRUE COPY OF THE APPLICATION FOR
BUILDING PERMIT SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENT, DATED
06-02-2024
EXHIBIT P-4 TRUE COPY OF THE RECEIPT EVIDENCING THE
PAYMENT OF THE FEE FOR THE APPLICATION
FOR BUILDING PERMIT, ISSUED BY THE
RESPONDENT, DATED 07-02-2024.
EXHIBIT P-5 TRUE COPY OF THE ACKNOWLEDGMENT
EVIDENCING RECEIPT OF THE APPLICATION
FOR BUILDING PERMIT, BY THE RESPONDENT,
DATED 07-02-2024
EXHIBIT P-6 TRUE COPY OF THE LETTER SENT BY THE
RESPONDENT TO THE PETITIONER, REJECTING
THE APPLICATION FOR BUILDING PERMIT,
DATED 09-02-2024
EXHIBIT P-7 TRUE COPY OF THE REPLY SENT BY THE
PETITIONER TO THE LETTER OF THE
RESPONDENT REJECTING THE APPLICATION,
DATED 15-02-2024
EXHIBIT P-8 TRUE COPY OF THE LETTER SENT BY THE
RESPONDENT, IN RESPONSE TO EXHIBIT P-7,
DATED 05-03-2024
WP(C) NO. 10826 OF 2024
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EXHIBIT P-9 TRUE COPY OF THE JUDGMENT PASSED BY
THIS HONOURABLE COURT IN WP(C) NO.
24523 OF 2023, AGAINST THE SAME
RESPONDENT IN RESPECT OF A SIMILAR
CASE, DATED 04-08-2023
EXHIBIT P-10 TRUE COPY OF THE JUDGMENT PASSED BY
THIS HONOURABLE COURT IN WP(C) NO.
35210 OF 2023, DATED 11-01-2024
// True Copy // PA To Judge
