High Court Kerala High Court

Geetha Ani vs The State Of Kerala on 10 March, 2010

Kerala High Court
Geetha Ani vs The State Of Kerala on 10 March, 2010
       

  

  

 
 
  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.
                   -------------------------
                   W.P.(C.) No.7721 of 2010 (M)
             ---------------------------------
             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
-2-

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