Kerala Vision Broadband Ltd vs Pudukkad Grama Panchayat
2024 Latest Caselaw 26573 Ker

Kerala High Court

Kerala Vision Broadband Ltd vs Pudukkad Grama Panchayat on 5 September, 2024

                                                             2024:KER:68021
WP(C) NO. 21824 OF 2024

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                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946

                          WP(C) NO. 21824 OF 2024

PETITIONER:

            KERALA VISION BROADBAND LTD.,
            UZHALOOR TEMPLE ROAD,SOUTH THORAVU,
            PUDUKKAD,THRISSUR,REP. BY ITS MANAGING DIRECTOR,MR.
            SURESH KUMAR P. P, PIN - 680301.

            BY ADVS. M/S.SANDEEP GOPALAKRISHNAN, JINNU SARA GEORGE,
            ANJU DAVIS K., ANAGHA HARIDAS



RESPONDENT:

            PUDUKKAD GRAMA PANCHAYAT,
            PUDUKKAD PANCHAYATH OFFICE, PUDUKKAD THRISSUR, KERALA,
            REP. BY ITS SECRETARY, PIN - 680301.

            BY ADVS. M/S.K.S.BHARATHAN, AADITHYAN S.MANNALI,
            ALEENA SONY & SITHARA

            SRI.C.A.ANOOP, SC


     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                  2024:KER:68021
WP(C) NO. 21824 OF 2024

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                            MOHAMMED NIAS C. P. , J.
                 ==============================================
                            W. P. (C) No. 21824 of 2024
                 ==============================================
                     Dated this the 5th day of September, 2024

                                   JUDGMENT

The petitioner challenges Ext.P3 passed by the Panchayat refusing to grant

occupancy certificate sought by the petitioner on the ground of pendency of civil

suit.

2. It is submitted by the learned counsel for the Panchayat that no

orders have been passed by any civil court against the grant of occupancy

certificate to the petitioner.

3. Accordingly, there will be a direction to the Panchayat to consider

the application submitted by the petitioner for occupancy certificate and grant

the same in case the construction made is in tune with the permit granted. This

shall be done within 4 weeks from the date of receipt of a copy of this judgment.

Th Writ Petition is disposed of as above.

Sd/-

MOHAMMED NIAS C. P. , JUDGE MMG 2024:KER:68021 WP(C) NO. 21824 OF 2024

APPENDIX OF WP(C) 21824/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE ORDER DATED 31.10.2022 IN IA NO. 5/2022 IN O.S. 853/2022 PASSED BY THE HON'BLE MUNSIFF COURT, IRINJALAKKUDA

Exhibit P2 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 21.05.2024 ISSUED BY THE RESPONDENT

Exhibit P3 TRUE COPY OF THE LETTER DATED 25.05.2024 ISSUED BY THE RESPONDENT TO THE PETITIONER

Exhibit P4 TRUE COPY OF THE CHEQUE BEARING NO. 10805423 DATED 07.06.2024