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2021 Latest Caselaw 12062 Ker

WP(C) 9237/2021                                  1/2



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                              Present:
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

                      Friday,the 16th day of April 2021/26th Chaithra, 1943
                                      WP(C) No.9237/2021
PETITIONER
           For information purpose only
       APPLE TOWER OWNERS WELFARE ASSOCIATION,
       APPLE TOWER, EDAPPALLY P.O., N.H.BYE PASS, KOCHI -682 024,
       REPRESENTED BY ITS SECRETARY, CLIFFSON MATHEWS, S/O.CLIFFSON
       MATHEWS, S/O. U.L.MATHEW, AGED 54, RESIDING AT 2A, GOLDEN VIEW,
       HIGH SCHOOL ROAD, VENNALA, COCHIN- 28.
RESPONDENTS
1.THE SECRETARY,
     LOCAL SELF GOVERNMENT DEPARTMENT (RB), GOVERNMENT
     SECRETARIAT, THIRUVANANTHAPURAM,PIN- 695 001.
2.THE COCHIN MUNICIPAL CORPORATION,
     COCHIN, REPRESENTED BY ITS SECRETARY, PIN -682 001.
3.THE SENIOR TOWN PLANNER AND CONVENER,
     DISTRICT WISE COMMITTEE (CONSTITUTED FOR REGULARIZING THE
     UNAUTHORIZED CONSTRUCTIONS), CORPORATION OF COCHIN, COCHIN, PIN
     -682 001.
4.THE REGIONAL JOINT DIRECTOR,
     DIRECTORATE OF MUNICIPAL ADMINISTRATION, REGIONAL OFFICE,
     ERNAKULAM, PIN- 682 030.
5.THE ASSISTANT EXECUTIVE ENGINEER,
     COCHIN CORPORATION EDAPPALLY ZONAL OFFICE, EDAPPALLY, COCHIN,
     PIN- 682 024
6.THE ADMINISTRATOR,
     APPLE A DAY PROPERTIES PVT. LTD., 5TH FLOOR, APPLE TOWER, N.H.BYE
     PASS, COCHIN, PIN- 682 024.

  Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit filed along
with the WP(C) the High Court be pleased to direct the respondents to forthwith allow the
application for regularization in receipt of the requisite fees and further to provide the Occupancy
Certificates to the various owners/occupants of the petitioners association pending disposal of the
above Writ petition.

  This petition coming on for admission upon perusing the petition and the affidavit filed in support
of WP(C) and upon hearing the arguments of M/S K.R.SUNIL, Advocate for the petitioner and of
M/S SOBHAN GEORGE, Advocate for the respondents 2,3 and 5, the Court passed the following:
 WP(C) 9237/2021                                  2/2




                                            ORDER

There will be an interim direction,directing the 3rd respondent to consider Ext P9 application for regularization submitted by the second respondent corporation to the 3rd respondent,within a period of two months,in the light of Ext.P1 judgment , after hearing all concerned. Post after two months.

For information purpose only 16-04-2021 Sd/-

MURALI PURUSHOTHAMAN,JUDGE

/true copy/ Sd/-

ASSISTANT REGISTRAR

EXHIBIT P1 - THE TRUE COPY OF THE JUDGMENT DATED 30.8.2017 IN W.P.(C) NO.27042/2017.

EXHIBIT P9 - THE TRUE COPY OF THE LETTER DATED 6.11.2020 ISSUED BY THE 2ND RESPONDENT.