Kerala High Court
Saju Thomas vs North Paravur Municipality on 8 April, 2021
WP(C).No.30808 OF 2017(A) -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.30808 OF 2017(A)
PETITIONER/S:
1 SAJU THOMAS
AGED 50 YEARS, SON OF THOMAS, MAMPILLY HOUSE, MILLS
ROAD, NORTH PARAVUR 683513
2 JESSY SAJU
AGED 46 YEARS, WIFE OF SAJU THOMAS, MAMPILLY HOUSE,
MILLS ROAD, NORTH PARAVUR 683513
3 SILAVANOS SAJU MINOR
AGED 16 YEARS, SON OF SAJU THOMAS, MAMPILLY HOUSE,
MILLS ROAD, NORTH PARAVUR 683513, REPRESENTED BY
HIS FATHER AND GUARDIAN, SAJU THOMAS, AGED 50
YEARS, SON OF THOMAS, MAMPILLY HOUSE, MILLS ROAD,
NORTH PARAVUR 683513
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.K.V.GEORGE
SRI.P.S.GIREESH
SRI.P.N.RAJAGOPALAN NAIR
SRI.RIYAL DEVASSY
RESPONDENT/S:
1 NORTH PARAVUR MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
NORTH PARAVUR 683513
2 THE SECRETARY
NORTH PARAVUR MUNICIPALITY, MUNICIPAL OFFICE, NORTH
PARAVUR 683513
R1 BY SRI.C.S.AJITH PRAKASH,SC,PARAVUR MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.30808 OF 2017(A) -2-
JUDGMENT
Dated this the 8th day of April, 2021
This writ petition is filed by the petitioner seeking to quash Ext.
P4 notice issued by the North Paravur Municipality, Ernakulam
District dated 28.02.2017 directing the petitioner to rectify the
application in order to suit the building rules.
2. Petitioner has also sought for a direction to the Secretary of
the Municipality to forthwith consider the application submitted by
the petitioner seeking building permit.
3. The grievance highlighted by the petitioner is that such a
method is adopted by the Secretary of the Municipality since there is a
proposed widening of the road passing in front of the property of the
petitioner. It is also the case of the petitioner that the scheme is not
finalized and therefore the Municipality cannot insist the petitioner to
comply with the proposals made in the scheme.
4. Anyhow, today when the matter is taken up, learned counsel
appearing for Paravur Municipality submitted that the widening of the
road in accordance with draft master plan is dropped by the
Municipality and therefore the application submitted by the petitioner
would be considered in accordance with law.
Therefore, after having heard learned counsel for the petitioner
Sri. Riyal Devassy and learned counsel appearing for the Municipality
Sri. Ajith Prakash and perusing the pleadings and material on record,
the writ petition is disposed of directing the Secretary of the Paravur
Municipality to consider the application submitted by the petitioner, or
secure a new application from the petitioner, and consider the same in
accordance with law, at the earliest and at any rate within a month
from the date of receipt of a copy of this judgment.
Sd/-
SHAJI P.CHALY
JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 12.04.2017
IN OP (GUARDIAN) NO. 23/2017 BEFORE THE
ADDITIONAL DISTRICT COURT, NORTH
PARAVUR.
EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED
21.07.2017 SUBMITTED BY 1ST PETITIONER
BEFORE THE 2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE LETTER NO. TP/PW 3-
8024/17 DATED 19.08.2017 ISSUED BY THE
PUBLIC INFORMATION OFFICER OF 1ST
RESPONDENT TO 1ST PETITIONER
EXHIBIT P4 TRUE COPY OF THE NOTICE T.P. NO.
BA15/17 DATED 28.02.2017 ISSUED BY THE
1ST RESPONDENT TO PETITIONERS
EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER GO.
(MS)NO. 79/2013/LSGD DATED 05.03.2013
EXHIBIT P6 TRUE COPY OF THE PERMIT NO. BA.NO.
47/16 DATED 19.10.2016 ISSUED BY 2ND
RESPONDENT TO MR. PAULOSE
