Pushpakaran vs The State Of Kerala
2024 Latest Caselaw 4667 Ker

Kerala High Court

Pushpakaran vs The State Of Kerala on 6 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA,
                           1945
                 WP(C) NO. 21292 OF 2015
PETITIONER:

          PUSHPAKARAN, AGED 50 YEARS
          S/O APPUNNI @ VELU, ERAKATUKUZHIYIL HOUSE,
          VELOOR P.O., THRISSUR.
          BY ADV SRI.G.SREEKUMAR (CHELUR)


RESPONDENTS:

   1      THE STATE OF KERALA, REPRESENTED BY THE
          SECRETARY TO THE GOVERNMENT, LOCAL SELF
          GOVERNMENT DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM-695001.
   2      THE VELOOR GRAMA PANCHAYATH, REP. BY ITS
          SECRETARY, VELOOR P.O.,
          THRISSUR DISTRICT-680 001.
          BY ADVS.
          SRI.PREMCHAND M.
          SRI.SANTHOSH P.PODUVAL, SC
          SMT.VINAYA V.NAIR


OTHER PRESENT:

          SRI BS SYAMANTAK, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P(C).21292/2015
                                            2



                 P. V. KUNHIKRISHNAN, J.
              -------------------------------------------
                   W.P(C).No.21292 of 2015
              -------------------------------------------
           Dated this the 6th day of February, 2024

                               JUDGMENT

The above Writ Petition is filed with the following prayers:

i) Call for the records leading to Ext P4 and may be pleased to issue a writ of certiorari quashing the same.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to grant the building permit as sought for in Ext P3, within stipulated time limits, in the interest of justice.

AND

iii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.

[SIC]

2. The petitioner is challenging Ext.P4, by which, an

application of the petitioner for building permit is rejected mainly

for the reason that the description of the property is mentioned in W.P(C).21292/2015

the document as nilam.

3. Going by Ext.P4, it is clear that the property is included

in the Data Bank. If that is the case, the petitioner has to approach

the statutory authorities as per the Kerala Conservation of Paddy

and Wet Land Act and Rules, for effective relief.

Granting liberty to the petitioner to do the needful in

accordance with law, this Writ Petition is closed.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/ W.P(C).21292/2015

APPENDIX OF WP(C) 21292/2015

PETITIONER EXHIBITS EXHIBIT P1: A TRUE COPY OF THE PLAN SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED NIL. EXHIBIT P2: A TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER, VELLOATTANJOOR DATED NIL. EXHIBIT P3: A TRUE COPY OF THE BUILDING PERMIT APPLICATION SUBMITTED BY THE PETITIONER DATED 13.4.2010. EXHIBIT P4: A TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT DATED 4.12.2014.