Kerala High Court
Jacob Kurian vs Pampady Grama Panchayat on 10 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.15541/2024 1/3 Order Date : 10-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
WP(C) NO. 15541 OF 2024
PETITIONER:
JACOB KURIAN, AGED 48 YEARS, S/O. CHERIAN JACOB,MOOLAYIL
HOUSE,MANARCAD P.O,MANARCAD,KOTTAYAM, PIN - 686019
RESPONDENTS:
1. PAMPADY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,OFFICE OF THE
PAMPADY GRAMA PANCHAYAT,NEAR STATE BANK OF INDIA, PAMPADY,KOTTAYAM,
PIN - 686502
2. SECRETARY, PAMPADY GRAMA PANCHAYAT,OFFICE OF THE PAMPADY GRAMA
PANCHAYAT,NEAR STATE BANK OF INDIA, PAMPADY,KOTTAYAM, PIN - 686502
3. NATIONAL HIGH WAY AUTHORITY OF INDIA, REPRESENTED BY ITS PROJECT
DIRECTOR,MAVELIPURAM ROAD, KAKKANAD,ERNAKULAM, PIN - 682030
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 2nd respondent to consider and grant building permit
and approved building plan to the petitioner without insisting on
production of noc from the 3rd respondent and from the district technical
expert committee pending disposal of the above 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
SHRI. CHITHRA CHANDRASEKHARAN, Advocate for the petitioner, the court
passed the following:
WP(C) No.15541/2024 2/3 Order Date : 10-05-2024
MURALI PURUSHOTHAMAN, J.
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W.P (C) No.15541 of 2024
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Dated this the 10th day of May, 2024
O R D E R
In the light of Exts.P5 and P6 judgments, there will be an
interim direction to the 2nd respondent to consider and grant
building permit and approved building plan to the petitioner
without insisting on production of NOC from the 3 rd respondent
or from the District Technical Expert Committee, if the
application is otherwise in order. This shall be done within a
period of six weeks from the date of receipt of a copy of this
order.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
WP(C) No.15541/2024 3/3 Order Date : 10-05-2024
APPENDIX OF WP(C) 15541/2024
Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT NO.
KL05031904544/2023 ISSUED FROM THE VILLAGE OFFICE,
PAMPADY IN THE NAME OF PETITIONER AND HIS WIFE DATED
27/04/2023
Exhibit P2 A TRUE COPY OF THE RECEIPT NO.1220107006/G050704 ISSUED
FROM THE OFFICE OF THE 1ST RESPONDENT DATED 09/01/2023
Exhibit P3 A TRUE COPY OF THE BUILDING PLAN SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P4 A TRUE COPY OF THE COMMUNICATION NO.
400504/BPMC03/GPO/2023/5244(3) DATED 30/10/2023
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 04.08.2022 IN W.P.(C)
Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 23.03.2023 IN WP
Exhibit P7 A TRUE COPY OF THE NOC ISSUED BY THE FIRE & SAFETY
DEPARTMENT, REGIONAL OFFICE, KOTTAYAM NO.
FRS/05/PPD/20455/2024/SITE DATED 01/04/2024
Exhibit P8 A TRUE COPY OF THE COMMUNICATION
NO.400504/BPMC03/GPO/2023/5244(4) DATED 05/04/2024
