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2019 Supreme(Ker) 560

ANIL K.NARENDRAN
Solaman Varghese S/o Varghese Thomas – Appellant
Versus
District Geologist, Department of Mining and Geology – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. R. Sunil Kumar, Smt. A. Salini Lal, Sri. Arun Krishna.
For the Respondents: Sri. Rasheed C. Nooranad, Smt. M.N. Anitha, Sri. Harish K.P.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioner, who is stated to be the owner of 4.70 ares of property in Re-survey No. 205/2-2 and 205/21 of Thazhakkara village in Alappuzha district has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2 and 3 to issue him development permit, in order to develop that property for the construction of a residential building having plinth area of 186.49 sq. mts. on the strength of Ext.P1 building permit. The petitioner has also sought for a writ of mandamus commanding the respondents to consider and dispose of Ext.P2 application for development permit.

2. On 24.06.2019, when this writ petition came up for admission, the learned Government Pleader took notice on admission for the first respondent. Urgent notice on admission by speed post was ordered to respondents 2 and 3, returnable within two weeks.

3. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for the 1st respondent and also the learned counsel for respondents 2 and 3.

4. The issue that arises for consideration in this writ petition is as to whether the petitioner is entitled to seek

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