Dr.Paulose Abraham vs Kothamangalam Municipality
2022 Latest Caselaw 8572 Ker

WP(C) NO. 13985 OF 2022            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                          WP(C) NO. 13985 OF 2022
PETITIONER/S:
          DR.PAULOSE ABRAHAM
          AGED 70 YEARS
          S/O ABRAHAM, PALLIMALIL HOUSE,
          KUROOR, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN -
          686691

               BY ADVS.
               T.A.UNNIKRISHNAN
               K.K.AKHIL


RESPONDENT/S:
     1    KOTHAMANGALAM MUNICIPALITY
          REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
          KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691

      2        THE SECRETARY
               KOTHAMANGALAM MUNICIPALITY,
               MUNICIPAL OFFICE, KOTHAMANGALAM,
               ERNAKULAM DISTRICT, PIN - 686691

      3        THE VILLAGE OFFICER
               KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691

      4        THE TAHSILDAR
               KOTHAMANGALAM, TALUK OFFICE, KOTHAMANGALAM, ERNAKULAM
               DISTRICT, PIN - 686691

               BY ADV SHRI.JOICE GEORGE, SC, KOTHAMANGALAM
               MUNICIPALITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13985 OF 2022               2




                          P.V.KUNHIKRISHNAN, J
                    --------------------------------------------
                        W.P.(C) No.13985 of 2022
                       --------------------------------------
                   Dated this the 6th day of July, 2022


                                 JUDGMENT

The above writ petition is filed with following prayers :

i) "Call for the records leading to the decision contained in Ext P9 and issue a writ of Certiorari or such other writ, order or direction quashing the same.

ii) Issue a writ of mandamus or such other writ order or direction directing the 2nd respondent to issue revised building permit, approving the revised plan submitted on 8/10/2021

iii) Direct the respondents 1 and 2 to compensate the petitioner for the losses suffered by him due to the delay in completing the construction, which occurred due to the hostile and illegal attitude of the 2 nd respondent, while discharging her duties as secretary of the Kothamangalam Municipality.

And

iv) Grant such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." [SIC]

2. When this writ petition came up for consideration on

29.6.2022, this Court passed the following order :

"In the light of Exts.P2, P4, P5, P6 and P8, there is absolutely no reason for the Secretary to the Municipality to issue Ext.P9 order. The building permit of the petitioner shall be considered and granted, if it is otherwise in order within two days. If the building permit is not granted as aforesaid. Secretary, Municipality will appear in person before this Court on 1.7.2022.

Prima facie, I am of the opinion that the Secretary, Municipality is purposefully delaying the issuance of building permit."

3. Today, the learned counsel for the Municipality

submitted that the building permit is already issued.

In the light of the same, nothing survives in this case.

Recording the submission, this writ petition is closed.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 13985/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT DATED 22/10/2020 RELATING TO THE PROPERTY

Exhibit P2 TRUE COPY OF THE REPLY GIVEN BY THE VILLAGE OFFICER KOTHAMANGALAM ON THE REQUEST OF THE PETITIONER DATED 3/7/2020

Exhibit P3 TRUE COPY OF THE LETTER DATED 3/7/2020 ISSUED BY THE 2ND RESPONDENT TO THE VILLAGE OFFICER KOTHAMANGALAM

Exhibit P4 TRUE COPY OF THE REPORT DATED 15/7/2020 SEND BY THE VILLAGE OFFICER TO THE TALUK OFFICE,

Exhibit P5 TRUE COPY OF THE ORDER DATED 2/4/2019 ISSUED BY THE REVENUE DIVISIONAL OFFICER MUVATTUPUZHA

Exhibit P6 TRUE COPY OF THE ORDER DATED 13/3/2020 ISSUED BY THE REVENUE DIVISIONAL OFFICER MUVATTUPUZHA

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 20/8/2020 IN WPC 15853 OF 2020 OF THIS HON'BLE COURT.

Exhibit P8 TRUE COPY OF THE LETTER DATED 7/10/2020 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT

Exhibit P9 TRUE COPY OF THE NOTICE DATED 7/12/2021 ISSUED BY THE 2ND RESPONDENT

Exhibit P10 TRUE COPY OF THE LETTER DATED 2/12/2021 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT