Mary Mable Antony vs Secretary, Corporation Of Kochi
2022 Latest Caselaw 12067 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
     THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                        WP(C) NO. 30810 OF 2022
PETITIONER

             MARY MABLE ANTONY,
             AGED 63 YEARS
             W/O ANTONY, H.NO: 2/938, KUMINJIPARAMBIL, LAZER LANE,
             FORT KOCHI, ERNAKULAM-682 001.
             BY ADV P.A.AJITH KUMAR


RESPONDENTS:

     1       SECRETARY, CORPORATION OF KOCHI,
             PARK AVENUE, ERNAKLUAM DISTRICT- 682 033.
     2       ASST. ENGINEER, CORPORATION OF KOCHI,
             ZONAL OFFICE, FORT KOCH ERNAKULAM-682001.
     3       THE BUILDING INSPECTOR,
             CORPORATION OF KOCHI ZONAL OFFICE, FORT KOCHI ERNAKULAM-
             682001.
             BY ADV K.B.ARUNKUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.30810 of OF 2022                 2




                             JUDGMENT

Dated this the 22nd day of December, 2022

The petitioner is before this Court aggrieved by the denial

of Building Permit applied for by the petitioner. Ext.P4 Building

Permit application filed by the petitioner stands returned as per

Ext.P5. In Ext.P5, the Assistant Engineer of the Cochin

Corporation has stated that since there is a proposed widening

of the road adjacent to the property of the petitioner, a Building

Permit cannot be issued on the basis of the Building Plan

submitted by the petitioner.

2. Counsel for the petitioner submits that by Ext.P7

information obtained under the Right to Information Act, 2005,

the Assistant Engineer of PWD Road Section has informed that

there is no proposal for widening of the road at present.

3. I have heard the learned counsel for the petitioner

and the learned Standig Cousnel representing the

respondents.

4. In view of the speicific stand taken by the Assistant

Engineer, PWD Road Section in Ext.P7 provided under the

Right to Information Act, 2005, I am of the view that the

Secretary to the Corporation can reconsider the Building

Permit application submitted by the petitioner.

Accoridngly, the writ petition is dipsosed of setting aside

Ext.P5 and directing the 1st respondent-Secretary to the

Corporation to reconsider the Building Permit application

submitted by the petitioner adverting Ext.P7(b) also. A decision

on the application shall be taken within a period of one month.

sd/-

N.NAGARESH JUDGE hmh

APPENDIX OF WP(C) 30810/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LOCATION SKETCH ISSUED BY THE VILLAGE OFFICER RAMESWARAM VILLAGE, KOCHI TALUK.

Exhibit P2 TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER'S SON TO THE VILLAGE OFFICER IN FORM NO.20 UNDER ORDER NO.515(A) WITH TRANSACTION ID P 19450485 DATED 13.07.21.

Exhibit P3 TRUE COPY OF THE POSSESSION AND NO ATTACHMENT CERTIFICATE ISSUED BY THE VILLAGE OFFICER RAMESWARAM WITH CERTIFICATE NO.57042280 DATED 24.07.2021.

Exhibit P4 TRUE COPY OF THE APPLICATION FCP 1/535/2021 DATED 03.09.2021 ALONG WITH PLAN FOR PERMIT AND APPROVAL SUBMITTED WITH THE SECOND RESPONDENT.

Exhibit P5 TRUE COPY OF THE NOTICE REJECTING THE APPLICATION FOR PERMIT ISSUED BY THE SECOND RESPONDENT BEARING NO.FCP1/535/2021 DATED 14.09.21. Exhibit P6 TRUE COPY OF THE PHOTOGRAPH OF THE ROAD ALONG THE SOUTHERN BOUNDARY OF THE PROPERTY AND THE ADJACENT BUILDINGS. Exhibit P7 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER UNDER THE RTI ACT TO THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOCHI DATED 8.11.2022 Exhibit P7(A) TRUE COPY OF THE REPLY ISSUED TO THE PETITIONER BY THE TOWN PLANNING OFFICER, KOCHI CORPORATION, KOCHI BESARING NO.FCP1(PIO) 2682/2022 DATED 11.11.2022 Exhibit P7(B) TRUE COPY OF THE REPLY ISSUED TO THEPETITIONER BY THE ASST.ENGINNER, PWD ROADS SECTION, MATTANCHERRY, KOCHI BAERING M-2008 DATED 05.12.2022