High Court Kerala High Court

A.V.Mammad vs State Of Kerala on 7 January, 2010

Kerala High Court
A.V.Mammad vs State Of Kerala on 7 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35854 of 2009(B)


1. A.V.MAMMAD, S/O.KAMMUTTY HAJI
                      ...  Petitioner

                        Vs



1. STATE OF KERALA
                       ...       Respondent

2. THE TAHSILDAR

3. THE VILLAGE OFFICER, CHELEMBRA

4. CHELEMBRA GRAMA PANCHAYATH

5. ABDUL AZEEZ, S/O.MOHAMMED

                For Petitioner  :SRI.SANTHEEP ANKARATH

                For Respondent  :SRI.E.NARAYANAN

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :07/01/2010

 O R D E R
                       ANTONY DOMINIC, J.
                     ================
                 W.P.(C) NO. 35854 OF 2009 (B)
                 =====================

            Dated this the 7th day of January, 2010

                         J U D G M E N T

Petitioner claims to be an owner of a plot of land having an

extent of 3> cents situated in Re.Sy.No.98/16 of Tirurangadi

Taluk covered by Ext.P1 partition deed. According to the

petitioner, in the said property, he proposes to construct a

building for the purpose of which he made an application to the

4th respondent Panchayat for a building permit.

2. By Ext.P9 order, only for the reason that a civil suit

filed by the 5th respondent as OS No.191/09 before the Munsiff’s

Court, Parappanangadi is pending, his application is declined to

be considered. It is thereupon the writ petition is filed.

3. Although the counsel for the 5th respondent submits

that the suit filed by him is still pending, he accepts that there is

no interim order either in the suit or in the CMA filed by him

before the District Court against the order passed by the Trial

Court declining interim order in his favour. Panchayat also has no

other reason to substantiate their stand taken in Ext.P9.

4. Thus it is obvious that neither in the suit nor in the

WPC 35854/09
:2 :

CMA, is there any order restraining the Panchayat from granting

building permit or restraining the petitioner from constructing any

building in the plot in question. Therefore, the pendency of the

suit can be no reason for the Panchayat to refuse consideration of

the application made by the petitioner.

5. In view of the above, quashing Ext.P9, the 4th

respondent Panchayat is directed to consider the application

made by the petitioner for building permit with notice to the

petitioner and also the 5th respondent. Orders shall be passed as

expeditiously as possible, at any rate within 6 weeks of receipt of

a copy of this judgment.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE
Rp