Thulaseedharan vs State Of Kerala
2021 Latest Caselaw 19096 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                      WP(C) NO. 22519 OF 2019
PETITIONER:

             THULASEEDHARAN
             AGED 47 YEARS
             S/O. BALAN, SYAMALA BHAVAN, VARUVILAKATH VEEDU,
             VENPALAVATTOM, THIRUVANANTHAPURAM.
             BY ADV V.M.KRISHNAKUMAR

RESPONDENTS:

       1     STATE OF KERALA
             REPRESENTED BY ITS SECRETARY,
             LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
             THIRUVANANTHAPURAM, PIN-695 001
       2     THIRUVANANTHAPURAM CORPORATION,
             REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE,
             THIRUVANANTHAPURAM, PIN-695 033.
       3     SPECIAL COMMITTEE,
             CONSTITUTED UNDER RULE 85 OF KERALA MUNICIPAL
             BUILDING RULES FOR THIRUVANANTHAPURAM CORPORATION,
             REPRESENTED BY ITS CONVENOR, SECRETARY,
             THIRUVANANTHAPURAM CORPORATION, CORPORATION OFFICE,
             THIRUVANANTHAPURAM, PIN-695 033

             BY ADVS.
             SRI.N.NANDAKUMARA MENON (SR.)
             SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION

             SRI. P.S. APPU-G.P.


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    13.09.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.22519 OF 2019

                                     2


                          JUDGMENT

Dated this the 13th day of September 2021

This writ petition is filed seeking the following

reliefs:-

i. Issue a writ in the nature of mandamus

commanding the 3rd respondent to consider

Ext.P7 under rule 82 of Kerala Municipal Building

Rules and pass orders hereon, within such time

as may be fixed by this Hon'ble Court.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader as well as the

learned Standing Counsel appearing for the 2 nd

respondent Thiruvananthapuram Corporation.

3. It is submitted that the petitioner's parents were

owners of two cents of land in Sy.No.1673/4-3 of

Kadakampally Village which is situated in Kadakampally

Panchayath. It is submitted that the Kadakampally

Panchayath merged with Thiruvananthapuram

Corporation and the building in the property had been

assigned with a building number by the WP(C).No.22519 OF 2019

Thiruvananthapuram Corporation as well.

4. Later, notice was issued for acquisition of 0.45

Ares of land from the petitioner's property for the

widening of the Kumarapuram-Poonthi road. It is

submitted that possession of the acquired property was

taken over in 2009 and a part of the building collapsed.

The petitioner submitted Exhibit P4 application for

construction of a building in the remaining land. The

petitioner also constructed the building under the belief

that permission will be granted by the Corporation . It

is submitted that an application for regularization was

filed on 26-11-2013 which was forwarded to the

Government for consideration in an Adalat held in 2013.

5. It is submitted that the petitioner is eligible to

be granted a building permit in terms of Rule 82 of the

Kerala Municipal Building Rules and the 3rd respondent

Special Committee has the power to consider the

request made by the petitioner. However, it is

submitted that the respondents are requiring the

petitioner to pull down the building in view of the fact WP(C).No.22519 OF 2019

that no building permit is granted and the request for

regularization is also not being considered. The learned

counsel for the petitioner submits that Exhibit P7

request has been placed by the petitioner before the

Special Committee constituted under Rule 85 of Kerala

Municipal Building Rules for Thiruvananthapuram

Corporation and if the same is considered in accordance

with law, the petitioner's grievance will be redressed.

6. The learned Standing Counsel appearing for

the Corporation as well as the learned Government

leader submit that some time is required for

consideration of the application preferred by the

petitioner before the Special Committee.

In the above circumstances, this writ petition

is disposed of with a direction to the 3 rd respondent to

take up Exhibit P7 request made by the petitioner and

to consider and pass orders within two months from the

date of receipt of a copy of this judgment. Till such

time, coercive action against the building put up by the

petitioner shall be kept in abeyance. The petitioner WP(C).No.22519 OF 2019

shall be put on notice and heard through any

appropriate means including video conferencing before

orders are passed as directed above.

Sd/-

ANU SIVARAMAN JUDGE SSK/13/09 WP(C).No.22519 OF 2019

APPENDIX

PETITIONER'S EXHIBITS:

PETITIONER EXHIBITS TRUE COPY OF THE RELEVANT PAGE OF THE EXHIBIT P1 RATION CARD DATED 20.12.1995 ISSUED BY TALUK SUPPLY OFFICER THIRUVANANTHAPURAM. COPY OF RELEVANT PAGE OF THE RATION CARD EXHIBIT P2 ISSUED ON 24.12.2008.

COPY OF THE NOTICE DATED 22.12.2007 ISSUED EXHIBIT P3 BY LAND ACQUISITION OFFICER.

COPY OF THE RECEIPT ZK2 2386 ISSUED BY KADAKAMPALLY ZONAL OFFICE OF THE EXHIBIT P4 CORPORATION.

EXHIBIT P5 COPY OF THE APPLICATION DATED 26.11.2013 SUBMITTED BEFORE THE DISTRICT COLLECTOR THIRUVANANTHAPURAM.

EXHIBIT P6 COPY OF THE NOTICE DATED 17.12.2013 OF THIRUVANANTHAPURAM CORPORATION. EXHIBIT P7 COPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 27.05.2019 WITHOUT ANNEXURES.

RESPONDENTS' EXHIBITS:    NIL



 SSK                      //TRUE COPY//         PA TO JUDGE