O.V.Jayaram vs A.S.Anuja
2021 Latest Caselaw 6899 Ker

Con.Case(C).No.2278 OF 2018           1

 IN WP(C). 18045/2015

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

           Con.Case(C).No.2278 OF 2018 IN WP(C). 18045/2015

  AGAINST THE JUDGMENT IN WP(C) 18045/2015(E) OF HIGH COURT OF
                             KERALA


PETITIONER:

               O.V.JAYARAM,
               S/O.VISWANATHAN, AGED 68 YEARS, RESIDING AT
               OSHYANAS, PALLURUTHY VILLAGE, PALLURUTHY SOUTH,
               KOCHI.

               BY ADVS.
               SRI.A.BALAGOPALAN
               SRI.M.N.MANMADAN
               SRI.M.S.IMTHIYAZ AHAMMED
               SMT.P.SEENA

RESPONDENT:

       1       A.S.ANUJA,
               SECRETARY, CORPORATION OF KOCHI, OFFICE OF THE
               CORPORATION OF KOCHI, PARK AVENUE ROAD,
               ERNAKULAM, PIN-682 011.



               BY SRI.K.B.ARUNKUMAR

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C).No.2278 OF 2018                  2

 IN WP(C). 18045/2015



                                   JUDGMENT

Dated this the 26th day of February 2021

This contempt case is filed complaining that the directives contained in

the judgment dated 23.6.2015 in W.P.(C) No.18045/2015 are not complied

with.

2. The subject issue relates to an application submitted by the petitioner

seeking building permit. Directions were issued then taking into account the

judgment of this Court in Padmini v. State of Kerala [1999(3) KLT465]

and the judgment of the Apex Court in Raju S. Jethmalani v. State of

Maharashtra [(2005)11 SCC 222] wherein it was held that refusing to grant

permits relying on obsolete DTP schemes is a clear violation of provisions of

the constitutional guarantee.

3. Anyhow it is an admitted fact that after rendering the judgment in

question and after the judgment of this Court in Padmini as well as the Apex

Court in Raju S. Jethmalani, the Kerala Town and Country Planning Act,

2016 come into force and therefore, the parties are guided by the provisions of

Act, 2016 in a pending application, which is a well settled proposition of law.

4. Today when the matter is taken up, an affidavit is submitted by the

respondent, wherein it is submitted that the council of the Kochi Municipal

Corporation has decided to acquire an extent of 6 cents of property lying in

IN WP(C). 18045/2015

Sy.No.721/4 of Palluruthy Village, Kochi Taluk, Ernakulam District. In my

considered view, having taken a decision, the issue is clearly guided by section

67 of Act, 2016 and therefore, the application of the petitioner for building

permit cannot be considered at this point of time. It is also clear from the

statement filed that, the said decision was taken as decision No.16 on

26.9.2019 of the Council of the Corporation.

5. In that view of the matter, I do not think the application of the

petitioner can be considered at this stage of the proceedings, looking at the

imperative conditions contained under section 67 of Act, 2016. Therefore, I am

of the considered opinion that nothing survives to be considered in this

contempt petition at this stage of the proceedings since the respondent has

taken action in terms of the provisions of Act, 2016.

Therefore, the contempt petition is closed, however, I observe that if the

respondent or the Corporation of Kochi fails to comply with the mandatory

requirements of section 67 of Act, 2016, immediately on the expiry of the

period prescribed thereunder, the application of the petitioner shall be

considered in accordance with law prevailing at that point of time.

Sd/-

                                                   SHAJI P.CHALY

smv                                                       JUDGE


 IN WP(C). 18045/2015



                              APPENDIX
PETITIONER'SEXHIBITS:

ANNEXURE A1:             TRUE PHOTOCOPY OF THE ORDER PASSED BY THE
                         CORPORATION OF KOCHI BEARING
                         NO.SYP2/323/7/2014 DATED 05.08.2014

ANNEXURE A2:             CERTIFIED COPY OF THE JUDGMENT IN

WP(C)NO.18045/2015(E) DATED 23.06.2015.

ANNEXURE A3: TRUE COPY OF THE BUILDING PERMIT BEARING NO.SYP2-323/7/14 DATED 22.02.2018 ISSUED BY THE CORPORATION OF KOCHI TO THE PETITIONER.

ANNEXURE A4: TRUE COPY OF THE ORDER BEARING NO.ISO/SYP2/2229/15 DATED 20.08.2018 ISSUED BY THE RESPONDENT TO THE PETITIONER.

ANNEXURE A5: TRUE COPY OF THE REGISTERED LAWYER NOTICE DATED 24.09.2018 ISSUED TO THE RESPONDENT.

ANNEXURE A6: TRUE PHOTOCOPY OF THE ACKNOWLEDGEMENT CARD DATED 27.04.2016 EVIDENCING THE RECEIPT ANNEXURE A5 NOTICE BY THE RESPONDENT.

ANNEXURE A7: CERTIFIED COPY OF THE JUDGMENT ION CON.CASE(C) NO.762 OF 2016 DATED 27.02.2018.