Muhammed Nasar C vs The District Survey Superintendent
2024 Latest Caselaw 15883 Ker

Kerala High Court

Muhammed Nasar C vs The District Survey Superintendent on 6 June, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                      WP(C) NO. 28688 OF 2022
PETITIONER:

          MUHAMMED NASAR C.,AGED 63 YEARS
          S/O.UNNEENKUTTY, CHOLAKKAL HOUSE,
          WANDOOR, MALAPPURAM DISTRICT, PIN - 679328
          BY ADVS.
          BABU S. NAIR
          SMITHA BABU
          P.A.RAJESH
          SHAMSEERA. C.ASHRAF
          JINU ANTONY
          HANAN ASHARAF

RESPONDENTS:

    1     THE DISTRICT SURVEY SUPERINTENDENT,
          COLLECTORATE, MALAPPURAM,
          MALAPPURAM DISTRICT, PIN - 676505
    2     THE TALUK SURVEYOR,
          NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN - 679329
    3     THE WANDOOR GRAMA PANCHAYATH,
          REPRESENTED BY ITS SECRETARY,
          WANDOOR, MALAPPURAM DISTRICT, PIN - 679328
    4     RAMAKRISHNAN,
          ARIMBRA HOUSE,KARAD P.O.,
          NILAMBUR,MALAPPURAM DISTRICT, PIN - 679339
          BY ADVS.
          GOVERNMENT PLEADER
          VINOD RAVINDRANATH
          LIJI.J.VADAKEDOM
          TOM E. JACOB


          SMT.DEVI SHRI R., GP

    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                2
WP(C) No.28688 of 2022




                              MOHAMMED NIAS C.P., J.
                         -----------------------------------------------

                              WP(C) No.28688 of 2022

                          ---------------------------------------------

                         Dated this the 6th day of June, 2024



                                        JUDGMENT

This writ petition is filed directing the third respondent to renew Ext.P1

building permit.

2. Today when the matter is taken up, learned counsel appearing for the

Panchayath submits that the building permit has already been renewed up to

18.12.2027 as per order dated 18.10.2021, and has made available a copy of the

said order. This is recorded. Accordingly, nothing further remains to be

adjudicated in this writ petition.

3. Learned counsel appearing for the 4th respondent submits that has

filed WP(C)No.6360/2023 as regards his property rights. It is made clear that

this Court has not considered any of the contentions of the petitioner or the 4th

respondent on merits and it will be open to the fourth respondent to pursue his

contention in the said writ petition.

Subject to the above, the writ petition is closed.

Sd/-MOHAMMED NIAS C.P.

JUDGE

dlk/6.06.2024

APPENDIX OF WP(C) 28688/2022

PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 3RD RESPONDENT DATED, 19-12-2017 EXHIBIT P2 A TRUE COPY OF THE FORM NO.12 AND NOTICE -

13 ISSUED TO THE PETITIONER EXHIBIT P3 A TRUE COPY OF THE SURVEY SKETCH AS PER THE FMB REGISTER ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 A TRUE COPY OF THE NOTICE ISSUED TO THE 4TH RESPONDENT AND THE PETITIONER DATED, 6-12-2021 EXHIBIT P5 A TRUE COPY OF THE NOTICE ISSUED TO THE 4TH RESPONDENT AND THE PETITIONER DATED, 3-1-2022 EXHIBIT P6 A TRUE COPY OF THE NOTICE ISSUED TO THE 4TH RESPONDENT AND THE PETITIONER DATED, 19-4-2022 EXHIBIT P7 A TRUE COPY OF THE NOTICE ISSUED TO THE 4TH RESPONDENT AND THE PETITIONER

EXHIBIT P8 A TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED, 7-7-2022 RESPONDENTS EXHIBITS EXHIBIT R4(A) THE COPY OF THE PETITION SUBMITTED BY RESPONDENT NO.4 BEFORE THE TAHSILDAR (LR) NILAMBUR TALUK EXHIBIT R4(B) THE COPY OF THE FORM NO.8 APPLICATION SUBMITTED BY 4TH RESPONDENT DATED NIL EXHIBIT R4(C) THE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 12.1.2022 ISSUED FROM THE TALUK OFFICE, NILAMBUR