Boban K.S vs Kochi Municipal Corporation
2021 Latest Caselaw 23711 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                        WP(C) NO. 24082 OF 2021
PETITIONER:

          BOBAN K.S
          AGED 54 YEARS
          S/O. SEBASTIAN, KUTHUKATTU HOUSE, ESI ROAD,
          PALLURUTHY, KOCHI-682006.

          BY ADVS.
          K.R.VINOD
          M.S.LETHA



RESPONDENTS:

    1     KOCHI MUNICIPAL CORPORATION
          PARK AVENUE ROAD, P.B.NO.1016, KOCHI-682011,
          REP. BY ITS SECRETARY.

    2     THE SECRETARY, CORPORATION OF KOCHI,
          PARK AVENUE ROAD, P.B.NO.1016, KOCHI-682011.

    3     THE DISTRICT TOWN PLANNER,
          TOWN AND COUNTRY PLANNING DEPARTMENT, KAKKAND,
          ERNAKULAM, KOCHI-682030.

          BY ADV SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL
          CORPORATION




          RIYAL DEVASSY-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24082 OF 2021

                                     2


                                JUDGMENT

This writ petition is filed seeking directions to the respondents to

consider Ext.P4 application for regularisation of a construction carried

out by the petitioner.

2. It is submitted by the learned counsel for the petitioner that

Ext.P4 application had been submitted before the respondents but no

action has been taken thereon.

3. The learned Standing Counsel appearing for the respondent

Corporation submits that Ext.P4 application has been forwarded to the 3 rd

respondent and that the same is liable to be considered in accordance

with law.

4. The learned Government Pleader submits that in case the

application submitted by the petitioner is forwarded to the 3 rd respondent

and is received by the 3rd respondent, the same will be considered in

accordance with law.

In the above view of the matter, there will be a direction to the 3 rd

respondent to take up the application for regularisation submitted by the

petitioner as forwarded by the Corporation and to consider and pass

orders on the same within a period of two months from the date of WP(C) NO. 24082 OF 2021

receipt of a copy of this judgment. The petitioner shall produce a copy of

this judgment along with a copy of the writ petition before the 3 rd

respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 24082 OF 2021

APPENDIX OF WP(C) 24082/2021

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF THE BUILDING PERMIT BEARING NO.SYP1-238/11 ISSUED TO THE PETITIONER BY THE RESPONDENTS DATED 24.2.2011.

Exhibit P2 THE COPY OF THE JUDGMENT OF THE HON'BLE MUNSIFF COURT, KOCHI IN O.S.NO.113/2012 DATED 12.12.2012.

Exhibit P3 THE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR RENEWAL OF EXHIBIT P1 BUILDING PERMIT DATED NIL.

Exhibit P4 THE COPY OF THE APPLICATION FOR REGULARIZATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 30.6.2018.

Exhibit P5 THE COPY OF THE LETTER DATED 1.8.2018 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P6 THE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 30.6.2018 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT.