Santhosh Thomas Kandamchira vs Anila Anna
2022 Latest Caselaw 1902 Ker

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                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
             Friday, the 18th day of February 2022 / 29th Magha, 1943
              CONTEMPT CASE(C) NO. 36 OF 2022(S) IN WP(C) 20635/2020
   PETITIONER/PETITIONER IN W.P(C) NO.20635 OF 2020:

           SANTHOSH THOMAS KANDAMCHIRA, AGED 60,
           S/O. THOMAS, KANDAMCHIRA HOUSE, KOTTAYAM-1.

         BY ADVOCATES M/S. R.LAKSHMI NARAYAN, R.RANJANIE.

   RESPONDENTS/RESPONDENTS 2 AND 3 IN WPC NO.20635 OF 2020:


       1. ANILA ANNA, SECRETARY, KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE,
          JOYEES ARCADE, YMCA RD, KOTTAYAM- 686 001.
       2. VIJAYAKUMAR V.S., THE ASSISTANT ENGINEER, LSGD KOTTAYAM
          MUNICIPALITY, OFFICE OF THE ASSISTANT ENGINEER, MUNICIPAL OFFICE,
          JOYEES ARCADE, YMCA RD, KOTTAYAM- 686 001.

         BY SRI.SIBY CHENAPPADY, STANDING COUNSEL
        This Contempt of court case (civil) having come up for orders on
   18.02.2022, the court on the same day passed the following:

                                                                P.T.O.
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                                    P.B.SURESH KUMAR, J.
                            -----------------------------------------------
                             Contempt Case (C) No.36 of 2022
                            -----------------------------------------------
                         Dated this the 18th day of February, 2022.


                                                ORDER

Having regard to the facts and circumstances of the

case, I am of the view that, being the successor of P.C.Joseph who

secured Annexure A3 judgment directing the Municipality to grant

the building permit sought by him notwithstanding the DTP scheme

referred to therein, the petitioner cannot be denied the benefit of

the said judgment.

The Municipality is therefore directed to reconsider the

decision communicated to the petitioner in terms of Annexure A5

notice and pass fresh orders in compliance with the direction

contained in the judgment.

List the matter after two weeks.

Sd/-

                                                        P.B.SURESH KUMAR, JUDGE


             YKB




18-02-2022                        /True Copy/                                 Assistant Registrar
 Con.Case(C) No.36/2022                 3/3

                         APPENDIX OF CON.CASE(C) 36/2022
Annexure A3              THE PHOTOCOPY OF JUDGMENT DATED 13-08-2010 IS IN W.P(C)
                         NO. 23040/2010
Annexure A5              THE PHOTOCOPY OF NOTICE DATED 25-09-2021 ISSUED TO

PETITIONER BY 2ND RESPONDENT HEREIN.