Kerala High Court
K.Sreekumar vs State Of Kerala on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
WP(C) NO. 18951 OF 2015
PETITIONER:
K.SREEKUMAR,
KRISHNA, T.C.2/1444, POTTAKUZHI,
PATTOM P.O, TRIVANDRUM,
NOW RESIDING AT SREE VIHAR, T.C.1234,
PRA-151, POTTAKUZHI JUNCTION, PATTOM P.O.,
TRIVANDRUM-695 004.
BY ADVS.
SRI.A.N.RAJAN BABU
SRI.A.R.EASWAR LAL
SRI.P.GOPALAKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.
2 THE DISTRICT COLLECTOR TRIVANDRUM-695 001.
3 CORPORATION OF TRIVANDRUM REPRRESENTED BY ITS SECRETARY
CORPORATION BUILDINGS, TRIVANDRUM-695 001.
4 THE SECRETARY CORPORATION OF TRIVANDRUM,
MUSEUM JUNCTION
MUSEUM JUNCTION, TRIVANDRUM-695 001.
5 THE TOWN PLANNING OFFICER,
CORPORATION OF TRIVANDRUM
CORPORATION BUILDING, TRIVANDRUM-695 001.
6 THE TAHSILDAR TALUK OFFICE TRIVANDRUM-695 001.
7 THE VILLAGE OFFICER
VILLAGE OFFICE
PATTOM TRIVANDRUM-695 004.
BY ADVS. SRI.N.NANDAKUMARA MENON SR.
SRI.P.K.MANOJ KUMAR
SRI.B.S.SYAMANTHAK, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.18951 of 2015
2
T.R.RAVI, J.
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WP(C) NO.18951 OF 2015
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Dated this the 3rd November 2021
JUDGMENT
The writ petition has been filed praying to quash Exts.P14 and
P15 and to declare that Exts.P12 and P13 permit issued to the
petitioner are valid. There is a further prayer for a direction to
respondents 3 and 4 to permit the petitioner to make construction
pursuant to Exts.P12 and P13. The writ petition was filed in June
2015.
2. The petitioner has now filed IA No.1 of 2021 and IA No.2 of
2021. IA No.1/2021 has been filed for a direction to the 4 th respondent
to consider and dispose of Ext.P32 petition filed by the petitioner
wherein the petitioner requests for withdraw/cancellation of Ext.P15
show cause notice in the light of Exts.P29, P30, P30(a), P30(b) and
P31. IA No.2/2021 is a petition seeking to produce Exts.P29 to P33 as
additional documents. IA No.2/2021 is allowed. The documents are
accepted on file.
3. The Corporation has filed a statement in the writ petition on
01.09.2015 placing on record their contentions. However, in the light
WP(C) No.18951 of 2015
of the limited prayer that is made in Ext.P13, the writ petition is
disposed of directing the 4th respondent to consider and pass orders
on Ext.P13 at the earliest at any rate within three weeks from the
date of receipt of a certified copy of this judgment. It is made clear
that this Court is not expressing any opinion regarding the merits of
the case.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C) No.18951 of 2015
APPENDIX OF WP(C) 18951/2015
PETITIONER'S EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE SETTLEMENT DEED
NO.5118/2006 OF PATTOM SRO IN FAVOUR OF THE
PETITIONER.
Exhibit P2 TRUE PHOTOCOPY OF THE SETTLEMENT DEED
NO.820/1/2013 OF PATTM SRO IN FAVOUR OF THE
PETITIONER.
Exhibit P3 TRUE PHOTOCOPY OF THE SALE DEED NO.25/1969 OF
PATTOM SUB REGISTRY IN THE NAME OF THE MOTHER
OF THE PETITIONER.
Exhibit P4 TRUE PHOTOCOPY OF THE APPROVED PLAN FOR
CONSTRUCTION OF PARENT'S RESIDENTIAL BUILDING.
Exhibit P5 TRUE PHOTOCOPY OF THE KERALA WATER AUTHORITY
CONSUMER BILL DATED 10/03/2004 IN THE NAME OF
THE EPTITIONER'S MOTHER IN RESPECT HOUSE NO. TC
2/1443.
Exhibit P6 TRUE PHOTOCOPY OF THE ACKNOWLEDGMENT FOR
PAYMENT OF PROPERTY TAX IN THE NAME OF THE
MOTHER OF THE PETITIONER IN RESPECT OF HOUSE
NO. 2/1443 FOR THE PERIOD FROM 1989-90 TO 1992-
Exhibit P7 TRUE PHOTOCOPY OF THE PROPERTY TAX RECEIPT IN
THE NAME OF THE PETITIONER'S MOTHER TOWARDS
BUILDING NO. 2/1443 DATED 14/11/2007 OF
TRIVANDRUM CORPORATION.
Exhibit P8 TRUE PHOTOCOPY OF THE WATER AUTHORITY BILL IN
THE NAME OF THE PETITIONER'S MOTHER IN RESPECT
OF TC 2/1443 DATED 12/07/2010.
Exhibit P9 TRUE PHOTOCOPY OF THE ELECTRICITY BILL DATED
13/12/1995 IN RESPECT IN CONSUMER NO.37.
Exhibit P10 TRUE PHOTOCOPY OF THE RECEIPT NO.46 DATED
12/07/1989 FOR PAYMENT OF BUILDING TAX ISSUED
FROM TRIVANDRUM CORPORATION IN THE NAME OF THE
PETITIONER'S MOTHER.
Exhibit P11 TRUE PHOTOCOPY OF THE WATER AUTHORITY BILL
DATED 19/01/2005 FOR USING WATER FOR 2004 IN
THE NAME OF THE PETITIONER'S MOTHER.
Exhibit P11(A) TRUE PHOTOCOPY OF CERTIFICATE NO. KBT 27/15-16
DATED 20/06/2015 ISSUED BY AGRICULTURE FIELD
OFFICER, KRISHI BHAVAN, CORPORATION OF
THIRUVANANTHAPURAM.
WP(C) No.18951 of 2015
Exhibit P11(B) TRUE PHOTOCOPY OF THE RELEVANT PORTION OF DATA
BANK ENTRY FROM KRISHI BHAVAN, TRIVANDRUM
CORPORATION.
Exhibit P12 TRUE PHOTOCOPY OF THE PERMIT NO. E10/BA/286/12
DATED 11/10/2012 IN RESPECT OF SY. NO. 1105/2
IN PATTOM VILLAGE.
Exhibit P13 TRUE PHOTOCOPY OF THE PERMIT NO. E10/BA/286/12
DATED 10/10/2014 ISSUED BY THE 4TH RESPONDENT.
Exhibit P14 TRUE PHOTOCOPY OF THE STOP MEMO NO. E3/1138/08
DATED 01/06/2005 ISSUED TO THE PETITIONER BY
THE 5TH RESPONDENT.
Exhibit P15 TRUE PHOTOCOPY OF THE SHOW CAUSE NOTICE DATED
02/06/2015.
Exhibit P16 TRUE PHOTOCOPY OF THE OBJECTION TO EXT.P13.
Exhibit P17 A TRUE COPY OF THE CERTIFICATE NO.
GA3/98977/22/7/15.
Exhibit P18 A TRUE COPY OF THE CERTIFICATE NO. GA3/86096/15
DATED 24/06/2015 ISSUED FROM THE OFFICE OF THE
4TH RESPONDENT.
Exhibit P19 A TRUE COPY OF THE JUDGMENT IN WPC
NO.29211/2014.
Exhibit P20 A TRUE COPY OF THE PETITION DATED 12/10/15
SUBMITTED BEFORE THE TAHSILDAR,
THIRUVANANTHAPURAM.
Exhibit P21 A COPY OF THE RECEIPT DATED 01/10/2015 FOR
SUBMISSION OF APPLICATION OF PERMIT RENEWAL.
Exhibit P22 A TRUE COPY OF THE AERIAL VIEW OF THE SITE AND
THE SURROUNDINGS TAKEN BY THE REMOTE SENSING
PUBLISHED IN GOOGLE EARTH.
Exhibit P23 TRUE COPY OF THE APPLICATION FILED BEFORE THE
COUNCIL BY THE PETITIONER ON 18/11/2015.
Exhibit P24 TRUE COPY OF THE RECEIPT ACKNOWLEDGING EXHIBIT
P23 ISSUED FROM THE CORPORATION TO THE
PETITIONER.
Exhibit P25 TRUE COPY OF THE ORDER OF PAYMENT DATED 20TH
DECEMBER, 2014 ISSUED IN FAVOUR OF PADMAKUMARI.
Exhibit P26 TRUE COPY OF THE ORDER NO. K14-8898/2013(1)
DATED 13/10/2014 OF DEPUTY COLLECTOR (LA)
THIRUVANANTHAPURAM.
WP(C) No.18951 of 2015
Exhibit P27 TRUE COPY OF THE DRAWING WITH ELEVATION OF
BUILDING PERMIT NO.13.
Exhibit P28 TRUE PHOTOGRAPH OF THE SITE OF BUILDING
CONSTRUCTED UNDER P13 PERMIT IN THE
PETITIONER'S LAND.
Exhibit P29 TRUE COPY OF THE COMPLETION CERTIFICATE DATED
29/12/2018.
Exhibit P30 TRUE COPY OF THE ORDER NO. RDOTVM/3630/2019-1
DATED 08/10/2020.
Exhibit P30(A) TRUE COPY OF THE RELEVANT ENTRY SHOWING THE
CATEGORY CHANGE OF 5.14 ARES OF LAND IN RE-SY.
NO. 53 AS PURAYIDOM IN BLOCK NO.54 IN PATTAM
VILLAGE IN A.B. REGISTRY.
Exhibit P30(B) TRUE COPY OF THE RELEVANT ENTRY SHOWING THE
CATEGORY CHANGE OF 5.23 ARES OF LAND IN RE-SY.
NO. 131 AS PURAYIDOM IN BLOCK NO.54 IN PATTAM
VILLAGE IN A.B. REGISTRY.
Exhibit P31 TRUE COPY OF THE RELEVANT ENTRY IN RECORDS OF
VILLAGE OFFICER AND TAHSILDAR CHANGING THE
CATEGORY OF THE LAND FROM NILAM TO PURAYIDOM AS
EXT. P30 ORDER OF RDO, THIRUVANANTHAPURAM.
Exhibit P32 TRUE COPY OF THE PETITION DATED 09/06/2021
SUBMITTED BY THE PETITIONER TO THE 4TH
RESPONDENT.
Exhibit P33 TRUE COPY OF THE ORDER NO. E14/E10/131/02/15
DATED 09/07/2021.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
