C.V.Jacob vs State Of Kerala
2022 Latest Caselaw 8218 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

          FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944

                         WP(C) NO. 34136 OF 2016

PETITIONER/S:

           C.V.JACOB
           AGED 53 YEARS
           S/O.C.P.VARKEY, CHAKKALAKKAL HOSUE, G-287, PANAMPILLY NAGAR,
           KOCHI.
           BY ADVS.
           SRI.S.SREEKUMAR (SR.)
           SRI.P.MARTIN JOSE
           SRI.MANJUNATH MENON
           SRI.P.PRIJITH
           SRI.THOMAS P.KURUVILLA


RESPONDENT/S:

     1     STATE OF KERALA
           REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695 001.
     2     THE PRINCIPAL SECRETARY
           DEPARTMENT OF LOCAL SELF GOVERNMENT
           INSTITUTIONS,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
           695 001.
     3     THE PRINCIPAL SECRETARY
           DEVELOPMENT( MUNCIPAL RULES) DEPARTMENT, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM-695 001.
     4     THE GREATER COCHIN DEVELOPMENT AUTHORITY
           REPRESENTED BY ITS SECRETARY, KADAVANTHRA, KOCHI-682 020.
     5     THE CORPORATION OF COCHIN
           CORPORATION OFFICE, PARK AVENUE, KOCHI,REPRESENTED BY ITS
           SECRETARY.
           BY ADVS. SRI.M.K.THANKAPPAN, SC, GCDA
           SRI.D.G.VIPIN
           R4 BY SRI.K.K.ANAND, SC, G.C.D.A.
           R5 BY SRI. P. FAZIL, SC
           R1 TO 3 - SMT.K.R.DEEPA, SPECIAL GOVERNMENT PLEADER



      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2022,

     THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C) No. 34136/2016               :2:



                             SHAJI P. CHALY, J.
           ---------------------------------------------------------
                        W.P.(C). No. 34136 of 2016
            ---------------------------------------------------------
                 Dated this the 1st day of July, 2022.

                               JUDGMENT

The petitioner has filed this writ petition seeking the following

reliefs:

1. Declare that Section 113(2) of the Town and Country Planning

Act, 2016 is ultra vires to the Constitution of India and infringes the fundamental rights of the petitioner and hence void;

2. Issue a writ of certiorari or such other writ, order or direction

and quash Exts.P1 and P2.

2. The subject matter of the writ petition is in regard to the

action taken by the Kochi Municipal Corporation against the

petitioner for having conducted commercial activities in a residential

area namely Panampilly Nagar.

3. However, the State Government has later issued a

Government Order, G.O.(P) No. 83/2018/LSGD dated 31.10.2018,

by which the area is notified as a mixed zone and therefore, the

owners are entitled to carry on commercial activities in the residential

area in accordance with law and in terms of the scheme existing for

the area and the master plan.

4. In that view of the matter, nothing survives to be adjudicated

in this writ petition.

Accordingly, this writ petition is disposed of as infructuous

recording the above aspect.

sd/­ SHAJI P. CHALY, JUDGE.

Rv

APPENDIX OF WP(C) 34136/2016

PETITIONER'S EXHIBITS:

EXHIBIT P1. TRUE COPY OF THE TOWN PLANNING UNDER THE TOWN PLANNING ACT, 1108, M.E. FOR ELAMKULAM WEST PUBLISHED ON 16/7/1964.

EXHIBIT P2. TRUE COPY OF G.O/MS/290/69/DD DATED 15/10/1969. EXHIBIT P3. TRUE COPY OF CIRCULAR DATED 18/2/2016 ISSUED BY THE GOVERNMENT.

RESPONDENTS' EXHIBITS: NIL

/True Copy/

PS To Judge.

rv