IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 34136 OF 2016
PETITIONER/S:
C.V.JACOB
AGED 53 YEARS
S/O.C.P.VARKEY, CHAKKALAKKAL HOSUE, G-287, PANAMPILLY NAGAR,
KOCHI.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.P.MARTIN JOSE
SRI.MANJUNATH MENON
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE PRINCIPAL SECRETARY
DEPARTMENT OF LOCAL SELF GOVERNMENT
INSTITUTIONS,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
695 001.
3 THE PRINCIPAL SECRETARY
DEVELOPMENT( MUNCIPAL RULES) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
4 THE GREATER COCHIN DEVELOPMENT AUTHORITY
REPRESENTED BY ITS SECRETARY, KADAVANTHRA, KOCHI-682 020.
5 THE CORPORATION OF COCHIN
CORPORATION OFFICE, PARK AVENUE, KOCHI,REPRESENTED BY ITS
SECRETARY.
BY ADVS. SRI.M.K.THANKAPPAN, SC, GCDA
SRI.D.G.VIPIN
R4 BY SRI.K.K.ANAND, SC, G.C.D.A.
R5 BY SRI. P. FAZIL, SC
R1 TO 3 - SMT.K.R.DEEPA, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 34136/2016 :2:
SHAJI P. CHALY, J.
---------------------------------------------------------
W.P.(C). No. 34136 of 2016
---------------------------------------------------------
Dated this the 1st day of July, 2022.
JUDGMENT
The petitioner has filed this writ petition seeking the following reliefs:
1. Declare that Section 113(2) of the Town and Country Planning Act, 2016 is ultra vires to the Constitution of India and infringes the fundamental rights of the petitioner and hence void;
2. Issue a writ of certiorari or such other writ, order or direction and quash Exts.P1 and P2.
2. The subject matter of the writ petition is in regard to the action taken by the Kochi Municipal Corporation against the petitioner for having conducted commercial activities in a residential area namely Panampilly Nagar.
3. However, the State Government has later issued a Government Order, G.O.(P) No. 83/2018/LSGD dated 31.10.2018, by which the area is notified as a mixed zone and therefore, the owners are entitled to carry on commercial activities in the residential W.P.(C) No. 34136/2016 :3: area in accordance with law and in terms of the scheme existing for the area and the master plan.
4. In that view of the matter, nothing survives to be adjudicated in this writ petition.
Accordingly, this writ petition is disposed of as infructuous recording the above aspect.
sd/ SHAJI P. CHALY, JUDGE.
Rv W.P.(C) No. 34136/2016 :4: APPENDIX OF WP(C) 34136/2016 PETITIONER'S EXHIBITS:
EXHIBIT P1. TRUE COPY OF THE TOWN PLANNING UNDER THE TOWN PLANNING ACT, 1108, M.E. FOR ELAMKULAM WEST PUBLISHED ON 16/7/1964.
EXHIBIT P2. TRUE COPY OF G.O/MS/290/69/DD DATED 15/10/1969. EXHIBIT P3. TRUE COPY OF CIRCULAR DATED 18/2/2016 ISSUED BY THE GOVERNMENT.
RESPONDENTS' EXHIBITS: NIL /True Copy/ PS To Judge.
rv