Dinesh G. vs The Melila Grama Panchayath on 21 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22879 of 2008(W)


1. DINESH G., AGED 38 YEARS,
                      ...  Petitioner

                        Vs



1. THE MELILA GRAMA PANCHAYATH, MELILA
                       ...       Respondent

                For Petitioner  :SRI.  K.SHAJ

                For Respondent  :SRI.K.C.PETER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :21/11/2008

 O R D E R
                             S. Siri Jagan, J.
              =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                      W. P (C) No. 22879 of 2008
              =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
               Dated this, the 21st November, 2008.

                            J U D G M E N T

Petitioner’s grievance in this writ petition is that his application

for building permit is not being considered by the 1st respondent on

the ground that the no objection certificate from the 2nd respondent

has not been received. According to the petitioner, in view of the

judgment of this Court in Peermohammed M. v. The Chirakandam

Grama Panchayat, 2008(2) KLJ 856, in so far as for determining the

building line and control line, gazette notification is necessary, which

has not been issued, the 2nd respondent cannot reject the request for

no objection certificate. Learned counsel for the 1st respondent-

Panchayat submits that as soon as no objection certificate is received

from the 2nd respondent, petitioner’s application would be processed.

Learned Government Pleader submits that the 2nd respondent would

require some more time to consider the matter. In the facts and

circumstances of the case, I dispose of this writ petition with the

following directions:

The 2nd respondent shall return the papers relating to the

application of the petitioner for permit forwarded to the 2nd

respondent by the 1st respondent with his views on the same within

one month from the date of receipt of a copy of this judgment. While

doing so, the 2nd respondent shall keep in mind the judgment referred

to above and if going by the judgment the 2nd respondent is bound to

issue no objection certificate, the same shall be forwarded to the 1st

respondent. On receipt of the papers from the 2nd respondent, the 1st

W.P.C. No. 22879/2008 -: 2 :-

respondent shall pass orders on Ext. P1 application of the petitioner

within a further period of one month therefrom.

S. Siri Jagan, Judge.

Tds/