IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7721 of 2010(M)
1. GEETHA ANI, AGED 29 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE SPECIAL GRADE SECRETARY,
For Petitioner :SMT.A.K.MAYAKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :10/03/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.7721 of 2010 (M)
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Dated, this the 10th day of March, 2010
J U D G M E N T
The petitioner submits that she applied for a building permit
and that in reply she was issued Ext.P5, informing that orders could
not be passed on the application in view of the pendency of
O.S.No.458/2008 and that her application will be considered as and
when favourable orders are passed in the suit. The petitioner
submits that before Ext.P5 order was passed, by Ext.P6 judgment,
the suit itself has been disposed of, and that she is not a party to
the said suit. It is stated that highlighting this aspect, she has filed
Ext.P7 before the Panchayat and sought reconsideration of Ext.P5.
It is complaining that orders on Ext.P7 has not been passed. It is in
these circumstances, this writ petition has been filed challenging
Ext.P5.
2. As already stated, it is the case of the petitioner that
Ext.P5 is illegal for the reason that she is unconnected with
O.S.No.458/2008. Since according to her, she has brought this
WP(C) No.7721/2010
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aspect to the notice of the Panchayat by filing Ext.P7, at this stage,
the petitioner’s grievance will be redressed if the Panchayat
considers Ext.P7 in the light of Ext.P6 judgment rendered by the
Civil Court in O.S.No.458/2008.
Having regard to the above, this writ petition is disposed of
directing the 2nd respondent to consider and pass orders on Ext.P7
in the light of Ext.P6 judgment rendered by the Civil Court. This
shall be done as expeditiously as possible, at any rate, within four
weeks of production of a copy of this judgment, along with a copy
of this writ petition.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg