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A. Hariprasad Vs. the State of Kerala

A. Hariprasad vs The State of Kerala

Type Court Judgment Court Kerala Decided Jan 29, 2013
~2 min read
https://sooperkanoon.com/case/1013404

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

A. Hariprasad

Respondent

The State of Kerala

Excerpt

.....02 01/2013. ext.p4 copy of the judgment in w.p.(c)no. 32392/2010 dated 18 11/2010. respondent's exhibits:- nil. //true copy// p.a. to judge rs. k.surendra mohan, j = = = = = = = = = = = = = wp(c).no.1043 of 2013. = = = = = = = = = = = = = dated this the 29th january, 2013. judgment the grievance of the petitioner is regarding the delay in considering ext.p3 application for building permit submitted by the petitioner. according to sri.rajit, counsel for the municipality, the master plan of the municipality is pending consideration of the government, for approval. in a similar case, this court has directed as per ext.p4 judgment that an application for building permit cannot be kept pending, anticipating the approval of a master plan. the dictum laid down in that case is squarely applicable to the present case also.2. in view of the above, this writ petition is allowed. the second respondent is directed to consider ext.p3 application submitted by the petitioner in accordance with law and to pass appropriate orders thereon, as wp(c).no.1043/2013. 2 expeditiously as possible and at any rate within a period of four weeks of the date of receipt of a copy of this judgment. k.surendra mohan, (judge) kvs/-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN TUESDAY, THE 29TH DAY OF JANUARY 2013 9TH MAGHA 193 WP(C).No. 1043 of 2013 (E) -------------------------- PETITIONER(S): ---------------------- A. HARIPRASAD, AYINIPPULLI HOUSE, KANIPPAYOOR. P.O., PIN-680 317. BY ADVS. SRI.C.R.SIVAKUMAR, SRI.JOHN THITHEEMOS. RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. KUNNAMKULAM MUNICIPALITY, MUNICIPAL OFFICE, KUNNAMKULAM, THRISSUR DISTRICT, PIN-680 503, REP. BY ITS SECRETARY.

3. THE CHIEF TOWN PLANNER, GOVERNMENT OF KERALA, OFFICE OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM-695 001. R1 & R3 BY GOVT. PLEADER SMT.SAREENA GEORGE. R2 BY ADVS. SRI.RAJIT, SC, KUNNAMKULAM MUNICIPALITY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 1043 of 2013 (E) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE SALE DEED DATED 22 09/2012. EXT.P2 COPY OF THE TAX RECEIPT DATED 05 07/2012 ALONG WITH POSSESSION CERTIFICATE DATED 17 02/2012. EXT.P3 COPY OF THE APPLICATION FOR PERMIT DATED 02 01/2013. EXT.P4 COPY OF THE JUDGMENT IN W.P.(C)NO. 32392/2010 DATED 18 11/2010. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs. K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.1043 of 2013. = = = = = = = = = = = = = Dated this the 29th January, 2013. JUDGMENT

The grievance of the petitioner is regarding the delay in considering Ext.P3 application for building permit submitted by the petitioner. According to Sri.Rajit, counsel for the Municipality, the Master Plan of the Municipality is pending consideration of the Government, for approval. In a similar case, this Court has directed as per Ext.P4 judgment that an application for building permit cannot be kept pending, anticipating the approval of a Master Plan. The dictum laid down in that case is squarely applicable to the present case also.

2. In view of the above, this writ petition is allowed. The second respondent is directed to consider Ext.P3 application submitted by the petitioner in accordance with law and to pass appropriate orders thereon, as WP(C).No.1043/2013. 2 expeditiously as possible and at any rate within a period of four weeks of the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, (Judge) Kvs/-

Continue Your Research

Same Court & Year Kerala · 2013 Same Parties A. Hariprasad vs The State of Kerala Same Subject Education Same Judge Honourable Mr.Justice K.Surendra Mohan
Education

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