High Court Kerala High Court

Indira Balachandran vs Kolazhy Grama Panchayth on 12 November, 2010

Kerala High Court
Indira Balachandran vs Kolazhy Grama Panchayth on 12 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30790 of 2010(W)


1. INDIRA BALACHANDRAN, T.C.HOUSE,
                      ...  Petitioner

                        Vs



1. KOLAZHY GRAMA PANCHAYTH,
                       ...       Respondent

                For Petitioner  :SRI.V.JOHN MANI

                For Respondent  :SRI.SANTHEEP ANKARATH

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :12/11/2010

 O R D E R
                    ANTONY DOMINIC, J.
                      -------------------------
             W.P (C) No.30790 & 30791 of 2010
                      --------------------------
             Dated this the 12th November, 2010

                        J U D G M E N T

In so far as WP(C) No. No.30790/2010 is concerned

petitioner made an application for a building permit. By

Ext.P1, the Panchayat informed that Lay out Approval of

the Town Planner is necessary for considering the

application. Relying on Exts.P2 and P3 judgments,

petitioner submits that the said stand taken in Ext.P1 is

erroneous.

2. I heard the learned counsel appearing for the

Panchayat also.

3. Obviously the application made by the petitioner

is pending. Therefore, what is required is that the

Panchayat should pass orders on the application duly

adverting to Exts.P2 and P3 judgments. This the Panchayat

shall do within four weeks of production of a copy of this

judgment.

In W.P (C) 30791/2010, the petitioners seeks a

direction to the Panchayat to pass orders on the

application made by them for a building permit. Along

W.P (C) No.30790 & 30791 of 2010
2

with the counter affidavit filed by the respondent, it has

produced Ext. R1 (a), the request made by the petitioners

for returning their applications. It is stated that on the

basis of Ext. R1 (a), applications have now been returned.

Therefore, there cannot be a direction to the Panchayat to

pass orders on an application which was got returned by

the petitioners.

Therefore, the writ petition is disposed of leaving it

open to the petitioners to make fresh applications if they

so desire, in which event, the same will be dealt with in

accordance with law.

Sd/-

ANTONY DOMINIC
JUDGE
ma

/True copy/

P.A to Judge