B. Govindan vs Corporation Of ...
2022 Latest Caselaw 7488 Ker

WP(C) No.29753/2021                            1/3

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
                      Friday, the 24th day of June 2022 / 3rd Ashadha, 1944
                                   WP(C) NO. 29753 OF 2021 (T)
   PETITIONER:

          B. GOVINDAN, AGED 74 YEARS, S/O BHIMA BHATTAR, RESIDING AT KRISHANA,
          T C 4/1688/1, BEL HEAVEN, GARDENS, KOWDIAR, THIRUVANANTHAPURAM,
          PIN-695 003.

   RESPONDENTS:

      1. THE CORPORATION OF THIRUVANANTHAPURAM, CORPORATION BUILDING,
         PALAYAM, THIRUVANANTHAPURAM, PIN-695 033, REPRESENTED BY SECRETARY.
      2. THE SECRETARY, THIRUVANANTHAPURAM CORPORATION, CORPORATION BUILDING,
         PALAYAM, THIRUVANANTHAPURAM, PIN-695 033.
      3. THE DISTRICT TOWN PLANNER, 1ST FLOOR, UPPER ZONE, HOUSING BOARD
         BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN-695 001.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the respondents to consider and pass orders on Ext.P10
   representation taking into account Ext.P5 interim development order and
   Ext.P6 proposed land use map, pending disposal of the above writ petition
   (c).


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.V.M.KRISHNAKUMAR, P.R.REENA, MAYA M & P.S.SIDHARTHAN, Advocates for
   the petitioner and of SRI.N.NANDAKUMARA MENON (SENIOR) along with
   SHRI.P.K.MANOJKUMAR, STANDING COUNSEL for R1 & R2, the court passed the
   following:
 WP(C) No.29753/2021                           2/3




                                          ORDER

After hearing both sides, I think the interim relief sought for in this writ petition can be allowed.

Therefore, there will be a direction to the 1st respondent to consider and pass appropriate orders on Ext.P10 representation submitted by the petitioner, taking into account Ext.5 order and Ext.P6 proposed land use map and also Exts.P9, P11 and P13 judgments of this court.

The 1st respondent will take appropriate decision as directed above, in Ext.P10 representation, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this order.

Post on 25/07/2022.

The 1st and 2nd respondents will produce a copy of the decision before this court on that day.

          24/06/2022


                                                    Sd/- P.V.KUNHIKRISHNAN, JUDGE




24-06-2022                      /True Copy/                               Assistant Registrar
 WP(C) No.29753/2021                 3/3


Exhibit P5            TRUE COPY OF THE INTERIM DEVELOPMENT ORDER GO (MS)

NO.180/2017/LSGD DATED 11.09.2017.

Exhibit P6 TRUE COPY OF THE PART MAP OF THE SITE AND SURROUNDING AREA OF THE PROPOSED LAND USE MAP ATTACHED TO EXT.P5 Exhibit P9 TRUE COPY OF THE JUDGMENT IN WA NO.1776/2019 DATED 26.11.2019.

Exhibit P10 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.10.2021. Exhibit P11 TRUE COPY OF THE JUDGMENT IN WPC NO.28124/2020 DATED 28.07.2021.

Exhibit P13 TRUE COPY OF THE DECISION OF THIS HON'BLE COURT REPORTED IN 2022(2) KHC 318.