Kerala High Court
Skyline Builders & Developers India ... vs District Collector on 3 October, 2024
WP(C) No.37099/2022 1/3 Order Date : 03-10-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Thursday, the 3rd day of October 2024 / 11th Aswina, 1946
WP(C) NO. 37099 OF 2022
PETITIONER:
SKYLINE BUILDERS & DEVELOPERS INDIA PVT. LTD SKYLINE HOUSE, N.H.
BYPASS, NEAR EMC HOSPITAL, VENNALA P.O, COCHIN REP. BY MANAGING
DIRECTOR, PIN - 682028.
RESPONDENTS:
1. DISTRICT COLLECTOR, COLLECTORATE ROAD, THAVAKKARA P.O., KANNUR, PIN
- 670002.
2. REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, REVENUE
TOWER, COURT ROAD, THALIPARAMBA P.O., KANNUR, PIN - 670141.
3. VILLAGE OFFICER, PUZHATHI VILLAGE OFFICE, PALLIKUNNU P.O., KANNUR,
PIN - 670004.
4. LOCAL LEVEL MONITORING COMMITTEE OF KANNUR MUNICIPAL CORPORATION,
KANNUR HEAD P.O., TALAP, KANNUR REPRESENTED BY ITS CONVENER -
AGRICULTURAL OFFICER, PIN - 670001.
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 pass an interim order directing the 1st respondent to take a
decision upon Ext.P16 reckoning the same as an application under Clause 6
of the Kerala Land Utilization Order, 1967 forthwith pending disposal of
the 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
M/S.V.V.ASOKAN (SENIOR), K.I.MAYANKUTTY MATHER & KALLIYANI KRISHNA
B., Advocates for the petitioner and of GOVERNMENT PLEADER &
SRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL for the respondents, the
court passed the following:
WP(C) No.37099/2022 2/3 Order Date : 03-10-2024
MOHAMMED NIAS C. P. , J.
============================================
I. A. No. 1 of 2024 in W. P. (C) No. 37099 of 2022
&
W. P. (C) No. 37099 of 2022
============================================
Dated this the 3rd day of October, 2024
ORDER
This is an application to receive additional documents.
2. Heard. Allowed.
3. One month's further time is granted to the respondents,
as a last chance, for filing their counter.
Post on 12.11.2024.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
WP(C) No.37099/2022 3/3 Order Date : 03-10-2024
APPENDIX OF WP(C) 37099/2022
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 411/ 2014 OF KANNUR SRO
DATED 29.1.2014.
Exhibit P2 TRUE COPY OF THE SALE DEED NO. 3231/2014, KANNUR SRO
DATED 16.9.2014.
Exhibit P3 EYE SKETCH DISCLOSING THE LIE OF THE SUBJECT PROPERTY
DATED NIL.
Exhibit P4 TRUE COPY OF THE CERTIFICATE NO. 32/2013 ISSUED BY THE
3RD RESPONDENT DATED 9.1.2013
Exhibit P5 TRUE COPY OF THE CERTIFICATE NO.32/2013 ISSUED BY THE
3RD RESPONDENT DATED 29.1.2013
Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.28071/2013 DATED
27.11.2013 OF HON'BLE HIGH COURT OF KERALA.
Exhibit P7 TRUE COPY OF THE BUILDING PERMIT NO. A4-9484/2014
(REVISED 7612/2013) ISSUED BY THE PUZHATHI GRAMA
PANCHAYATH HAVING VALIDITY TILL 17.12.2016 DATED
16.12.2014
Exhibit P8 TRUE COPY OF THE COMMUNICATION BY THE PETITIONER BEFORE
THE SECRETARY, PUZHATHI GRAMA PANCHAYATH DATED
27.9.2014.
Exhibit P9 TRUE COPY OF THE NOC ISSUED BY THE FIRE AND RESCUE
SERVICES DEPARTMENT DATED 8.12.2014.
Exhibit P10 TRUE COPY OF THE CONSENT ISSUED BY THE POLLUTION
CONTROL BOARD DATED 30.12.2015.
Exhibit P11 TRUE COPY OF THE STOP MEMO ISSUED BY THE 3RD RESPONDENT
TO THE PETITIONER DATED 22.7.2015.
Exhibit P12 TRUE COPY OF THE REVOCATION PROCEEDINGS OF THE
PANCHAYATH DATED 2.6.2015.
Exhibit P13 TRUE COPY OF THE APPLICATION PUT IN BY THE PETITIONER
TO THE 3RD RESPONDENT TO REVOKE THE STOP MEMO DATED
23.07.2015.
Exhibit P14 TRUE COPY OF THE REPLY RECEIVED FROM THE PUBLIC
INFORMATION OFFICER (3RD RESPONDENT) DATED 18.1.2016.
Exhibit P15 TRUE COPY OF THE NOTICE ISSUED BY THE ZONAL OFFICER,
KANNUR MUNICIPAL CORPORATION TO THE PETITIONER DATED
04.01.2016.
Exhibit P16 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT DATED 11.02.2016.
Exhibit P17 TRUE COPY OF THE COMMON JUDGMENT DATED 22.09.2020 IN
W.P.(C) NOS. 8050/2016 AND 2087/2017 OF THE HON'BLE
HIGH COURT OF KERALA.
Exhibit P18 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED
06.10.2021 IN R.P. NO. 199/2021 IN W.P.(C) NO.
8050/2016.
Exhibit P19 TRUE COPY OF THE WRITTEN SUBMISSION GIVEN BY THE
PETITIONER BEFORE THE 1ST RESPONDENT DATED 06.11.2020.
Exhibit P20 TRUE COPY OF THE PROCEEDINGS NO. DCKNR/7600/2020-L5 OF
THE 1ST RESPONDENT DATED 21.06.2022.
Exhibit P21 TRUE COPY OF THE JUDGMENT DATED 23.09.2022 OF THIS
HON'BLE COURT CLOSING CONTEMPT CASE (C) NO. 761/2022.
Exhibit P 22 TRUE COPY OF THE COMMUNICATION BETWEEN PETITIONER AND
2ND RESPONDENT DATED 31.07.2024
