Monica Sebastian vs State Of Kerala
2024 Latest Caselaw 8962 Ker

Kerala High Court

Monica Sebastian vs State Of Kerala on 27 March, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
    WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                        WP(C) NO. 42993 OF 2023
PETITIONER:

          MONICA SEBASTIAN
          AGED 79 YEARS
          W/O LATE SEBASTIAN N.O NEERAMPUZHA HOUSE,
          TRIKKAIPETTA, WAYANAD, PIN - 673577
          BY ADVS.
          DHEERAJ KRISHNAN PEROT
          FIDHA NAVAS
          VINEETHA A.A.
          NIMA MERIYAM KOSHY


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT
          DEPARTMENT, GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     TAHSILDAR
          SULTHAN BATHERY, TALUK OFFICE,
          SULTHAN BATHERY, WAYANAD, PIN - 673595
    3     SECRETARY
          MEENANGADI GRAM PANCHAYAT, PURAKADI,
          WAYANAD, PIN - 673591
    4     MEENANGADI GRAM PANCHAYATH,
          PURAKADI, WAYANAD, PIN - 673591
          REP. BY ITS SECRETARY,
          BY ADV JOHN JOSEPH VETTIKAD


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42993 OF 2023
                           ..2..




                MOHAMMED NIAS C.P, J.
           ========================
                W.P.C No. 42993 of 2023
           ========================
          Dated this the 27th day of March, 2024


                      JUDGMENT

The limited prayer of the petitioner seeks a direction

to the 3rd respondent to consider and pass the final orders

in Ext.P6 for change in occupation of the building to the

petitioner. The learned counsel for the petitioner submits

that no orders have been passed so far, and seeks a

direction to the 3rd respondent to dispose of the same.

2. Accordingly, there will be a direction to the

3rd respondent to take up Ext.P6 and pass orders in

accordance with law, with notice to the petitioner, and any

other affected parties, if any, and after affording an

opportunity of hearing to them, within an outer time limit

of six weeks from the date of receipt of a copy of this WP(C) NO. 42993 OF 2023 ..3..

judgment.

The Writ Petition is disposed of as above.

Sd/-

                              MOHAMMED NIAS C.P

LU                                      JUDGE
 WP(C) NO. 42993 OF 2023
                          ..4..

APPENDIX OF WP(C) 42993/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFIED PLAN SUBMITTED BEFORE THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE BUILDING PERMIT, NO.

A3-BA (237036)/ 2023 DT. 07.07.2023 GRANTED BY 4TH RESPONDENT Exhibit P3 THE TRUE COPY OF THE CONSENT LETTER FROM KSPCB DT. 29.04.2023 Exhibit P4 THE TRUE COPY OF THE APPROVAL DATED 29.07.2023 Exhibit P5 THE TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE 3RD RESPONDENT DT. 19.08.2023 BEARING NO. 401004/ BABC06/ GENERAL/ 2023/ 9050/ (1) Exhibit P6 THE TRUE COPY OF THE REPLY SENT TO THE 3RD RESPONDENT DT. 08.12.2023