R.Parameswaran vs Thrissur Municipal Corporation
2021 Latest Caselaw 11956 Ker

Citation : 2021 Latest Caselaw 11956 Ker
Judgement Date : 13 April, 2021

Kerala High Court

R.Parameswaran vs Thrissur Municipal Corporation on 13 April, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                       WP(C).No.4153 OF 2021(T)


PETITIONER:

               R.PARAMESWARAN
               MANAGING PARTNER,
               KAMAKSHY CONSTRUCTIONS,
               TEMPLE TREES APARTMENT, TC 35/4250,
               PAZHAYANADAKAVU, THRISSUR - 01.

               BY ADVS.
               SRI.M.GOPIKRISHNAN NAMBIAR
               SRI.K.JOHN MATHAI
               SRI.JOSON MANAVALAN
               SRI.KURYAN THOMAS
               SRI.PAULOSE C. ABRAHAM
               SRI.RAJA KANNAN
               SMT.POOJA MENON

RESPONDENTS:

      1        THRISSUR MUNICIPAL CORPORATION
               REPRESENTED BY ITS SECRETARY,
               THRISSUR, KERALA-680 001.

      2        THE DISTRICT TOWN PLANNER,
               OFFICE OF DISTRICT TOWN PLANNER,
               PLANNING BHAVAN, 2ND FLOOR, CIVIL STATION,
               AYYANTHOLE, THRISSUR-680 003.

      3        THE CHIEF TOWN PLANNER,
               OFFICE OF THE CHIEF TOWN PLANNER,
               SWARAJ BHAVAN, 2ND FLOOR, NANTHANCODE,
               KOWDIAR P.O, THIRUVANANTHAPURAM-695 003.

      4        THE COMMITTEE CONSTITUTED UNDER CHAPTER IX OF
               THE KERALA MUNICIPALITY BUILDING RULES, 2019
               REPRESENTED BY THE CHAIRPERSON OF THE COMMITTEE,
               THE PRINCIPAL SECRETARY, LOCAL SELF
               GOVERNMENT DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM, KERALA -695 001.
 W.P.(C)No.4153 of 2021
                                2

       ADDL. FEDERAL RESIDENCY ANNEXE APARTMENTS ALLOTTEES
       R5.   ASSOCIATION (REG.NO.TSR/TC/171/2019),
             ARISTO ROAD, THRISSUR, REPRESENTED BY
             ITS SECRETARY, SHRI.K.K.SUNILKUMAR,
             AGED 52 YEARS, S/O.KKK PISHARODY,
             RESIDING AT FLAT NO.1B, SRADHA HOME,
             THIRUVAMBADI ROAD, POONKUNNAM,
             THRISSUR-680 002.

               (ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED
               24.03.2021 IN I.A.1/2021 IN WP(C)NO.4153/2021).

               R1 BY SHRI. SANTHOSH P.PODUVAL, SC, THRISSUR
               CORPORATION
               SR GP SRI BIMAL K NATH
               R5 BY ADV. K.MADHUSOODANAN
               R5 BY ADV. SRI.T.G.PAUL
               R5 BY ADV. SRI.MATHEW JACOB (KUNNATHU)
               R5 BY ADV. SRI.SYRIAC JOSEPH

     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 13.04.2021, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.4153 of 2021
                                      3


                                JUDGMENT

Dated this the 13th day of April, 2021

The petitioner is aggrieved by the delay in consideration of the

application of the petitioner for renewal of building permit.

2. The 1st respondent Corporation has filed a statement wherein it

is pointed out that the application for building permit submitted by the

petitioner is forwarded to the 4th respondent committee through the

District Town Planner in compliance with the directions contained in

Ext.P8 judgment.

2. Since the matter is pending before the 4th respondent

committee, the 4th respondent shall take a decision on Ext.P5 application

for renewal of Ext.P1 building permit after hearing the petitioner and all

concerned. The committee will be free to point out any defects in the

application with prior notice to the petitioner and in such event, the

petitioner shall take steps to cure those defects pointed out and based on

the same, the 4th respondent committee shall pass appropriate orders on

Ext.P5 in accordance with law, within a period of three months from the

date of receipt of a copy of this judgment.

Writ petition is disposed of with the above directions.

Sd/-

Murali Purushothaman Judge vpv W.P.(C)No.4153 of 2021

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT BEARING NO. DW3/PW7/BA/12/06-07 DATED 11.05.2006 FROM THE 1ST RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE REVISED BUILDING PERMIT DATED 15.12.2009 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 A COPY OF THE LETTER DATED 04.05.2015 FROM THE PETITIONER TO THE 1ST RESPONDENT REQUESTING FOR AN EXTENSION OF EXHIBIT P1, PERMIT FOR A FURTHER PERIOR OF 1 YEAR.

EXHIBIT P4 A COPY OF THE LETTER FROM THE SECRETARY TO THE GOVERNMENT OF KERALA, DATED 03.02.2016, WHICH CONTAINS CIRCULAR NO. 63175/RA1/14/LSGD.

EXHIBIT P5 A COPY OF THE APPLICATION SEEKING RENEWAL, DATED 10.05.2016 ALONG WITH THE DULY FILLED FORM PRESCRIBED VIDE CIRCULAR NO. 63175/RA1/14/LSGD FOR EXTENSION OF EXHIBIT P1 PERMIT.

EXHIBIT P6 A COPY OF THE LETTER DATED 16.06.2016 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P7 A COPY OF THE LETTER DATED 29.06.2016 FROM THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 19.02.2018 IN W.P.C NO. 39220/2017

EXHIBIT P9 A TRUE COPY OF THE LETTER DATED 11.06.2019.

EXHIBIT P10 A TRUE COPY OF THE REPLY LETTER DATED 18.07.2019.

EXHIBIT P11 A TRUE COPY OF THE LETTER DATED 19.08.2019.

W.P.(C)No.4153 of 2021

EXHIBIT P12 A TRUE COPY OF THE COMMUNICATION DATED 10.10.2019 ALONG WITH ENCLOSURES.

EXHIBIT P13 A TRUE COPY OF THE LETTER DATED 08.06.2020 ISSUED BY THE 1ST RESPONDENT, ALONG WITH ITS ANNEXURE.

EXHIBIT P14 A TRUE COPY OF THE LETTER DATED 09.07.2020.

EXHIBIT P15 A TRUE COPY OF THE LETTER DATED 05.10.2020 ALONG WITH ENCLOSURES.

EXHIBIT P16 TRUE COPY OF THE COMMUNICATION DATED 21.11.2020.