Sajeev Kumar B. N vs Pampady Grama Panchayat
2024 Latest Caselaw 27826 Ker

Kerala High Court

Sajeev Kumar B. N vs Pampady Grama Panchayat on 13 September, 2024

WP(C) No.31198/2024                       1/3                        Order Date : 13-09-2024

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.


               Friday, the 13th day of September 2024 / 22nd Bhadra, 1946


                                WP(C) NO. 31198 OF 2024

   PETITIONER:

          SAJEEV KUMAR B. N., AGED 52 YEARS, S/O B. N. BHASKARAN NAIR, PAZHOOR
          HOUSE,PAMPADY P.O, KOTTAYAM, CURRENTLY RESIDING AT PAZHOOR
          HOUSE,NALKALIKKAL P O, KIDANGANOOR, ARANMULA, PATHANAMTHITTA
          -689533., PIN - 686502

   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 access permit/noc from the 3rd respondent pending disposal
   of the above writ petition


        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's Order dated
   04/09/2024 and upon hearing the arguments of SRI.CHITHRA CHANDRASEKHARAN
   Advocate for the petitioner, the court passed the following:
 WP(C) No.31198/2024                           2/3                        Order Date : 13-09-2024




                                    MOHAMMED NIAS C. P. , J.
                             =====================================
                                   W. P. (C) No. 31198 of 2024
                             =====================================
                            Dated this the 13th day of September, 2024

                                            ORDER

Sri. V. K. Prasad, learned Standing Counsel, appears for

respondents 1 and 2. Sri. B. G. Bidan Chandran, learned Standing

Counsel, appears for the 3rd respondent.

2. In view of Ext.P5 judgment and Ext.P6 interim order

in connected cases, there will be an interim order directing the

2nd respondent to consider the application for building permit

submitted by the petitioner, without insisting for production of

access permit/NOC from the 3rd respondent, pending disposal of

the above writ petition. This shall be done within three weeks

from today.

Post on 4.10.2024.

Sd/-

MOHAMMED NIAS C. P. , JUDGE MMG WP(C) No.31198/2024 3/3 Order Date : 13-09-2024

APPENDIX OF WP(C) 31198/2024 Exhibit P1 A TRUE COPY OF THE BASIC TAX RECEIPT NO.

KL05031906135/2024 DATED 15-5-2024 ISSUED FROM PAMPADY VILLAGE OFFICE Exhibit P2 A TRUE COPY OF THE RECEIPT NO.400504/BPRL01/GPO/2024/4443 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT DATED 09/07/2024 Exhibit P3 A TRUE COPY OF THE COMMUNICATION NO. 400504/BPRL01/ GPO/2024/4443(2) DATED 16/08/2024 ISSUED BY THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 04.08.2022 IN W.P.(C) NO 26255/2020 OF THIS HON'BLE COURT Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 23.03.2023 IN WP(C) NO 9324/2023 OF THIS HON'BLE COURT Exhibit P6 A TRUE COPY OF THE INTERIM DATED 10/05/2024 IN WP(C).NO.15541/2024 OF THIS HON'BLE COURT