Kerala High Court
Micheal Vineesh vs Cochin Corporation on 2 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
WP(C).No.26183 OF 2020(W)
PETITIONER:
MICHEAL VINEESH
AGED 41 YEARS
S/O.LATE VARGHESE, VACAHAKKAL HOUSE,
FORT KOCHI, ERNAKULAM
BY ADVS.
SHRI.K.B.GANGESH
SMT.ATHIRA A.MENON
RESPONDENTS:
1 COCHIN CORPORATION
REP.BY ITS SECRETARY, COCHIN,
ERNAKULAM-682 001
2 THE SECRETARY
COCHIN CORPORATION, COCHIN,
ERNAKULAM-682 001
3 COMMITTEE CONSTITUTED UNDER KERALA MUNICIPALITY
BUILDING
(REGULARISATION OF UNAUTHORISED CONSTRUCTION) RULES,
2018,
REP. BY ITS CONVENOR- DISTRICT TOWN PLANNER,
KAKKANAND, ERNAKULAM-682 030
4 MANI PRASAD
W/O.PRASAD, LILLIPARAMBIL HOUSE, JUBILEE JUNCTION,
COCHIN, ERNAKULAM-682 001
BY ADVS.
SMT.BINDU SREEKUMAR
SRI.RAVIKRISHNAN - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.26183 OF 2020(W)
2
W.P.(C) No.26183 of 2020
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JUDGMENT
Petitioner has constructed a building otherwise
than in accordance with the building permit obtained by him
from the first respondent Corporation. Proceedings have been
initiated consequently against the petitioner under Section
406 of the Kerala Municipality Act, 1994 (the Act). The
petitioner though challenged the said proceedings before the
Tribunal for Local Self Government Institutions, the challenge
was repelled. Proceedings have been initiated thereafter by
the Corporation for demolition of the unauthorised
construction. Ext.P3 is the notice issued in this regard by the
second respondent. The petitioner thereupon preferred Ext.P4
application for regularisation of the unauthorised construction
directed to be demolished, in terms of the provisions
contained in the Kerala Municipality Building (Regularisation
of Unauthorised construction) Rules, 2018(the Rules). It is
stated by the petitioner that Ext.P4 has been forwarded by the
WP(C).No.26183 OF 2020(W)
Corporation to the third respondent, the competent authority
under the said Rules for decision. It is alleged that steps are
being taken for demolition of the structure pending disposal of
Ext.P4 application. The petitioner, therefore, seeks appropriate
directions in this regard in the writ petition.
2. Heard the learned counsel for the petitioner,
the Standing Counsel for respondents 1 and 2, the learned
Government Pleader as also the learned counsel for the fourth
respondent.
3. Having regard to the facts and circumstances
of the case, I deem it appropriate to dispose of the writ
petition directing the third respondent to consider and pass
orders on Ext.P4 application with notice to the petitioner as
also the fourth respondent. Ordered accordingly. This shall be
done within two months from the date of receipt of a copy of
the judgment. Needless to say that further proceedings
pursuant to Ext.P3 shall be deferred until orders are passed as
directed above.
Sd/-
P.B.SURESH KUMAR, JUDGE.
PV
WP(C).No.26183 OF 2020(W)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER PASSED BY
TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTIONS, THIRUVANANTHAPURAM IN
APPEAL NO.601/2016 DATED 20.12.2017
EXHIBIT P2 TRUE COPY OF THE COMMON JUDGMENT OF
THIS HON'BLE COURT IN WP(C)
NOS.10209/2018 AND 34152/2018 DATED
10.12.2019
EXHIBIT P3 TRUE COPY OF NOTICE DATED 13.11.2020
ISSUED TO THE PETITIONER
EXHIBIT P4 TRUE COPY OF THE APPLICATION PREFERRED
BY THE PETITIONER FOR REGULARISATION
ON 24.11.2020
EXHIBIT P5 TRUE COPY OF THE RECEIPT ISSUED BY THE
1ST RESPONDENT CORPORATION
ACKNOWLEDGING EXT. P4 ON 24.11.2020
EXHIBIT P6 TRUE COPY OF GO(P) NO.45/2020/LSGD
DATED 6.6.2020
