Kerala High Court
Dr.T.Varghese George vs Corporation Of Trivandrum on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
WA NO. 1416 OF 2021
AGAINST THE JUDGMENT DATED 09.09.2021 IN WP(C) 36695/2016 OF THIS COURT.
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APPELLANTS/ADDL.RESPONDENTS 4 AND 5:
1.DR.T.VARGHESE GEORGE,S/O T.G.VARGHESE,AGED 68 YEARS,
RESIDING AT:FLAT NO.12A,
HEERA TWINS APARTMENTS,
PATTOM,THIRUVANANTHAPURM-695004.
2.ASHISH VARGHESE GEORGE,S/O.DR.T.VARGHESE, RESIDING AT: FLAT NO.12A,
HEERA TWINS APARTMENTS,PATTOM,
THIRUVANANTHAPURM-695004.
BY ADVS.M/S.PAUL JACOB & SHERU PAUL
RESPONDENTS/RESPONDENTS/AND PETITIONER:
1.CORPORATION OF TRIVANDRUM,REPRESENTED BY ITS SECRETARY,
CORPORATION OFFICE, THIRUVANANTHAPURAM-695033.
2.THE SECRETARY, CORPORATION OF TRIVANDRUM,
CORPORATION OFFICE,THIRUVANANTHAPURAM-695033.
3.M/S.HEERA CONSTRUCTION COMPANY PVT. LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR,HEERA PARK,
M.P. APPAN ROAD,VAZHUTHACAUD,THIRUVANANTHAPURAM-695014.
P.T.O.
4.JOHN MATHAI, FLAT NO.12B, HEERA TWINS APARTMENTS,
PATTOM, THRIUVANANTHAPURAM-695004.
BY SENIOR ADVOCATE SRI.N.NANDAKUMARA MENON FOR R1 & R2.
ADV.SRI.V.AJAKUMAR FOR R3.
ADV.SRI.P.MOHANDAS FOR R4.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all proceedings in Appeal No.309 of 2021 now pending before the
Tribunal for Self Government Institutions, Thiruvananthapuram, pending
disposal of the Writ Appeal.
This Writ Appeal coming on for admission along with connected case
on 02/11/2021 upon perusing the appeal memorandum, the court on the same
day passed the following:
P.T.O.
S.Manikumar, C.J.
&
Shaji P.Chaly, J.
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W.A.Nos.1416 & 1417 of 2021
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Dated this the 2nd day of November, 2021
ORDER
S.Manikumar, C.J.
Being aggrieved by the common judgment in W.P.
(C)Nos.14355 of 2021 and 36695 of 2016 dated 09.08.2021, instant
writ appeals are filed.
2. When the matter came up on 01.11.2021, we directed the
learned counsel for the appellants to produce a copy of the interim
order dated 16.11.2016 made in W.P.(C)No.36695 of 2016, which
reads thus:
"Admit.
Sri.P.K.Manoj Kumar, learned Standing Counsel appears for
respondents 1 & 2.
Issue notice to respondent 3.
The Secretary of the Corporation shall ensure that no
conversion of the building constructed is made in violation of
the sanctioned plan."
W.A.Nos.1416 & 1417 of 2021
3. After hearing the learned counsel for the parties, on
09.09.2021, writ court disposed of the writ petitions as hereunder:
"7. In the aforesaid circumstances, this Court is of the
considered view that the Tribunal for Local Self Government
Institutions being the duly constituted body to hear and
adjudicate the issue arising out of the orders passed by the
Local Self Government Institutions, the Tribunal has to
decide the issues involved in these writ petitions at the first
instance. The petitioner in WP(C)No. 36695/2016 submitted
that he was originally not a party to the Appeals but now has
filed impleading petitions before the Tribunal, to contest the
appeals pending before the Tribunal.
8. In such circumstances, the writ petitions are
disposed of permitting the petitioners in both the writ
petitions to prosecute their case before the Tribunal in the
pending Appeals No.309/2021 and 334/2021. The
petitioners in both the writ petitions are at liberty to
advance all the arguments urged before this Court in these
writ petitions, before the Tribunal also.
9. When WP(C)No.36695/2016 was filed before this
Court, this Court passed an interim order to the effect that
the Secretary of the Corporation shall ensure that no
conversion of the building constructed is made in violation
of the sanctioned plan. The petitioner in WP(C)No.
36695/2016 will be at liberty to seek any interim orders from
W.A.Nos.1416 & 1417 of 2021
the tribunal. The benefit of interim order dated 16.11.2016
passed in WP(C)No.36695/2016 will remain in force for a
further period of one month from today. The learned
counsel for the petitioner in WP(C)No.14355/2021 would
submit that the sanctioned plan in respect of which the
interim order of this Court relates has been revised
subsequently and the petitioners should be permitted to go
ahead with the construction on the basis of the revised plan.
It is for the petitioners in WP(C)No.14355/2021 to bring this
fact to the notice of the Tribunal.
All other issues are left open."
4. Heard the learned counsel for the appellants and perused
the materials available on record. Prima facie satisfied that the
appellants have made out a case for admission. Accordingly, writ
appeals are admitted.
5. Mr.N.Nandakumara Menon, learned Senior Counsel, takes
notice for the Corporation of Trivandrum, respondents 1 and 2.
Mr.V.Ajakumar, learned counsel, takes notice for M/s.Heera
Construction Company Pvt. Ltd, respondent No.3. Mr.P.Mohandas,
learned counsel, takes notice for the 4th respondent.
W.A.Nos.1416 & 1417 of 2021
Common judgment in W.P.(C)Nos.14355 of 2021 and 36695 of
2016 dated 09.08.2021 is stayed.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
02-11-2021 /True Copy/ Assistant Registrar
