M Star Hotels Palakkad (Pvt.) ... vs The State Of Kerala
2021 Latest Caselaw 19232 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                        WP(C) NO. 6080 OF 2021
PETITIONER:

          M STAR HOTELS PALAKKAD (PVT.) (LTD.)
          M-3 BUSINESS CENTRE, KINASSERY JUNCTION, KANNADI P.O.,
          PALAKKAD, PIN 678 701, REP.BY ITS MANAGING DIRECTOR
          G. MOHANAN, S/O.K.N.UNNIKRISHNAN NAIR, AGED 65 YEARS,
          RESIDING AT 'DHANYA', KANNADI PANCHAYAT,
          PALAKKAD, PIN 678 701

          BY ADVS.
          JACOB SEBASTIAN
          SRI.K.V.WINSTON
          SMT.ANU JACOB


RESPONDENTS:

    1     THE STATE OF KERALA
          REP.BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF
          GOVERNMENT, THIRUVANANTHAPURAM PIN 695 001

    2     THE DISTRICT TOWN PLANNING OFFICER
          PALAKKAD, CIVIL STATION, PALAKKAD, PIN 678 001.

    3     THE PUTHUSSERRY GRAMA PANCHAYAT
          REP.BY ITS SECRETARY, PUTHUSSERRY GRAMA PANCHAYAT
          OFFICE, KANJIKODE, PALAKKAD DISTRICT 678 621.

    4     THE SECRETARY
          PUTHUSSERRY GRAMA PANCHAYAT, PUTHUSSERRY GRAMA
          PANCHAYAT OFFICE, KANJIKODE, PALAKKAD DISTRICT 678 621.

          SMT.SURYA BINOY B., SR. GP
          SRI.BABU JOSEPH KURUVATHAZHA, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6080 OF 2021

                                       2



                                 JUDGMENT

This writ petition is filed seeking directions to the respondents to

consider the request made by the petitioner for regularization of the

construction, which according to the petitioner was completed in June,

2017.

2. It is submitted by the learned Government Pleader appearing for

respondents 1 and 2 that Ext.P7 application submitted by the petitioner

shows the date of completion of the construction as 29.05.2018 and

therefore, the application had been returned to the Panchayat, since

admittedly, the construction had not been completed before 31.07.2017.

In the above view of the matter, leaving open the remedies

available to the petitioner and leaving open the contentions with regard

to the date of completion, this writ petition is closed. The petitioner is

free to move an application before the Panchayat for regularization, in

accordance with law.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 6080 OF 2021

APPENDIX OF WP(C) 6080/2021

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT DATED 11 SEPTEMBER 2014 ISSUED BY THE THIRD RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE PROPERTY TAX PAID RECEIPT IN RESPECT OF THE BUILDING COVERED BY EXT.P1

EXHIBIT P3 A TRUE COPY OF THE LICENSE DATED 4 DECEMBER 2019 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE LICENSE DATED 19 FEBRUARY 2020 ISSUED TO THE PETITIONER BY THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA.

EXHIBIT P5 A TRUE COPY OF THE EXTRACT OF THE AUDIT REPORT IN RELATION TO THE INSPECTION DATED 17 MARCH 2020 IN THE PETIIONER'S BUILDING.

EXHIBIT P6 A TRUE COPY OF THE LETTER DATE OCTOBER 15,2020 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE APPLICATION FOR REGULARIZATION SUBMITTED BY THE PETITIONER DATED 31 DECEMBER 2020 ALONG WITH RECEIPT

EXHIBIT P8 A TRUE COPY OF THE LETTER DATED 2 FEBRUARY 2021 ISSUED BY THE THIRD RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL