Abdul Gafoor vs The Secretary
2024 Latest Caselaw 28464 Ker

Kerala High Court

Abdul Gafoor vs The Secretary on 25 September, 2024

WP(C) No.32730/2024                       1/3                        Order Date : 25-09-2024

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
           Wednesday, the 25th day of September 2024 / 3rd Aswina, 1946
                              WP(C) NO. 32730 OF 2024
   PETITIONER:

          ABDUL GAFOOR, AGED 47 YEARS, VADAKKE KANDIYIL, EAST MALAYAMMA, NIT
          CAMPUS, KOZHIKODE, PIN -673601

   RESPONDENTS:

      1. THE SECRETARY, KATTIPPARA GRAMA PANCHAYAT, KATTIPPARA, KOZHIKODE
         DISTRICT, PIN-673573
      2. THE VILLAGE OFFICER, KEDAVUR VILLAGE, KEDAVUR, KOZHIKODE, PIN-673573


        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 first respondent to issue approval of site for the
   applied area without referring to Ext.P7, pending disposal of the above
   writ petition, forthwith.


        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. PHILIP J.VETTICKATTU, NEENU BERNATH & SAJU S. DOMINIC, Advocates for
   the petitioner, the court passed the following:
 WP(C) No.32730/2024                            2/3                            Order Date : 25-09-2024




                                    MOHAMMED NIAS C. P. , J.
                         ============================================
                         I. A. No. 1 of 2024 in W. P. (C) No. 32730 of 2024
                                                  &
                                     W. P. (C) No. 32730 of 2024
                         ============================================
                            Dated this the 25th day of September, 2024


                                             ORDER

This is an application to substitute Ext.P11. Heard. Allowed.

The Registry is directed to take appropriate steps to incorporate the

same.

The learned Standing Counsel appears for the

1st respondent. The learned Government Pleader appears for the

2nd respondent. There will be a direction to get instructions.

Post on 25.10.2024.

Sd/-

MOHAMMED NIAS C. P. , JUDGE MMG WP(C) No.32730/2024 3/3 Order Date : 25-09-2024

APPENDIX OF WP(C) 32730/2024 Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF SALE DEED BEARING NO.2488/2014, DATED 18-6-2014 OF THAMARASSERY SRO Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF SALE DEED BEARING NO.2311/2021, DATED 16-9-2021 OF THAMARASSERY SRO Exhibit P3 TRUE COPY OF THE RECEIPT SHOWING REMITTANCE OF LAND TAX WITH RESPECT TO THE LAND FOR THE PERIOD 2024 -2025 Exhibit P4 TRUE COPY OF THE RECEIPTS DATED 15-3-2024, SHOWING REMITTANCE OF PROPERTY TAX WITH RESPECT TO THE BUILDING EXISTING IN THE PROPERTY Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR BUILDING PERMIT Exhibit P6 TRUE COPY OF THE PLAN OF THE BUILDING Exhibit P7 TRUE COPY OF THE PROCEEDING BEARING NO.

401142/BPMC03/GPO/2024/3502/(2) DATED 23/8/2024 OF THE 7 1ST RESPONDENT, Exhibit P8 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 8-8-2024 ISSUED BY THE VILLAGE OFFICER, Exhibit P9 TRUE COPY OF THE JUDGMENT IN (2023 KLT ON LINE 1225) IN DISTRICT COLLECTOR VS. SAJITH LAL, PASSED BY THIS HON'BLE COURT Exhibit P10 TRUE COPY OF THE JUDGMENT PASSED BY THIS HONBLE COURT IN SIMILAR FACTS ARISING FROM THE SAME 10 PANCHAYAT VIZ. W.P.(C) NO.39929/2023 DATED 7-12-2023 Exhibit P11 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) 2623/2024 DATED 8-2- 2024 Exhibit P11 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 2623/2024,DATED 8-02-2024