Kerala High Court
Ajith George vs State Of Kerala on 23 May, 2024
WP(C) No.17718/2024 1/3 Order Date : 23-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Thursday, the 23rd day of May 2024 / 2nd Jyaishta, 1946
WP(C) NO. 17718 OF 2024
PETITIONERS:
1. AJITH GEORGE, AGED 55 YEARS, S/O. M K GEORGE, MANGATTUMOOZHIYIL
HOUSE, KAIPATTOOR VILLAGE, KANAYANNOOR TALUK, KAIPATTOOR P. O,
ERNAKULAM DISTRICT, PIN - 682313.
2. ANI AJITH, AGED 52 YEARS, W/O. AJITH GEORGE, MANGATTUMOOZHIYIL
HOUSE, KAIPATTOOR VILLAGE, KANAYANNOOR TALUK, KAIPATTOOR P. O,
ERNAKULAM DISTRICT, PIN - 682313.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695002.
2. SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695002.
3. SECRETARY, DEPARTMENT OF TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695002.
4. GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, CIVIL STATION,
KAKKANADU, ERNAKULAM DISTRICT PIN - 682030.
5. THE EDAKKATTUVAYAL GRAMA PANCHAYATH, EDAKKATTUVAYAL P. O, ERNAKULAM
DISTRICT, REPRESENTED BY SECRETARY, PIN - 682313.
6. SECRETARY EDAKKATTUVAYAL GRAMA PANCHAYATH, EDAKKATTUVAYAL P.O,
ERNAKULAM DISTRICT, PIN - 682313.
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 stay the operation of Ext P7, 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
SRI. MANOJ P.KUNJACHAN Advocate for the petitioners, the court passed the
following:
WP(C) No.17718/2024 2/3 Order Date : 23-05-2024
C. JAYACHANDRAN, J.
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W.P.(C.) No.17718 of 2024
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Dated this the 23rd day of May, 2024
ORDER
Learned Government Pleader takes notice for respondents
1 to 4. Learned Standing Counsel takes notice for respondents
5 and 6. Learned Standing Counsel for the respondent
Panchayat seeks time. It was submitted by the learned
counsel for the petitioner that Ext.P5 (Form S permit) is valid
for the period from 09.05.2024 to 25.05.2024 and stop memo
was issued as early as on 13.05.2024. Therefore, the
petitioner could not avail the benefit of the permit granted to
him.
2. In the afore referred circumstances, there will be a
direction to the 4th respondent to consider extending the
period of Ext.P5 permit. The Panchayat will file their counter or
will get instructions, so as to hear the matter within a week.
Post on 30.05.2024.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/23-05
WP(C) No.17718/2024 3/3 Order Date : 23-05-2024
APPENDIX OF WP(C) 17718/2024
Exhibit P1 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT NO.
OPERATOR-BA (211200)/2023 ISSUED BY THE 5TH RESPONDENT
DATED 16/06/2023
Exhibit P2 TRUE COPY OF THE FORM S NO. DOERN-DMG/1242/2023-MDO
ISSUED BY THE 4TH RESPONDENT DATED 10/01/2024
Exhibit P3 TRUE COPY OF THE FORM S NO. DOERN-DMG/1242/2023-MDO
ISSUED BY THE 4TH RESPONDENT DATED 06/03/2024
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 10931/2024 DATED
21/03/2024
Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT
BEARING NO. DOERN-DMG/1242/2023-MDO DATED 06/05/2024
Exhibit P6 TRUE COPY OF THE NOTICE ISSUED BY THE 6TH RESPONDENT
BEARING NO. A6-1714-24 DATED 13/05/2024
Exhibit P7 TRUE COPY OF THE NOTICE ISSUED BY THE 6TH RESPONDENT
BEARING NO. A6-1714/24 DATED 13/05/2024
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WP(C) NO 10541/2021 DATED
12/01/2022
Exhibit P9 TRUE COPY OF THE JUDGMENT IN WP(C) NO 39957/2023 DATED
09/04/2024
Exhibit P10 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO 34462/2016
DATED 27/10/2016
