Rajesh vs Alappuzha Municipality
2022 Latest Caselaw 7756 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                       WP(C) NO. 23406 OF 2012
PETITIONER/S:

               RAJESH
               AGED 47 YEARS
               S/O.ABDUL KHADER, CHEMBIL CHIRAYIL, CIVIL
               STATION WARD, ALAPPUZHA, REPRESENTED BY HIS
               GENERAL POWER OF ATTORNEY, SUBAIR, AGED 46
               YEARS, S/O.ABDUL KHADER, CHEMBIL CHIRAYIL, CIVIL
               STATION WARD, ALAPPUZHA.
               BY ADVS.
               SRI.S.SANAL KUMAR
               SMT.BHAVANA VELAYUDHAN
               SMT.T.J.SEEMA


RESPONDENT/S:

    1          ALAPPUZHA MUNICIPALITY
               REPRESENTED BY ITS SECRETARY, ALAPPUZHA-688001.
    2          STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO URBAN AFFAIRS
               DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-
               695001.
    3          THE DIRECTOR OF FIRE FORCE,
               THIRUVANANTHAPURAM-695 001.
               BY ADVS.
               SRI.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY
               GOVERNMENT PLEADER
OTHER PRESENT:
         SMT.DEEPA NARAYANAN, SR.GP
        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   28.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 23406 of 2012



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 23406 of 2012
                       =============================================================

                    Dated this the 28th day of June, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibit P6 and P10.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1 st respondent to regularize the construction carried out in the second floor of the building of the petitioner after remitting the compounding fees.

iii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3 rd respondent to grant No Objection Certificate to the petitioner so as to enable him to submit application for regularization of the construction carried out in the second floor of the building mentioned in Exhibit P6.

iv. Issue such other writ, order or direction which this Honourable Court deems fit in the nature and circumstances of the case." (sic)

2. When this writ petition came up for consideration,

the counsel for the petitioner submitted that the second prayer

W.P.(C). No. 23406 of 2012

in the writ petition is infructuous because NOC is already

issued and the regularization is done.

3. If the petitioner is aggrieved by Ext.P6, the

petitioner is free to approach the Government with a

representation. The petitioner is also free to approach the

Government for getting exemption regarding Rule 24 and 34 of

the Kerala Municipality Building Rules, 1999. If a

representation as directed above is filed by the petitioner within

three weeks, before the Government, status-quo as on today will

be maintained, till the final decision is taken by the Government

in that representation. All other contentions raised by the

petitioner in this writ petition are left open.

With the above observation, this writ petition is disposed

of. sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 23406 of 2012

APPENDIX OF WP(C) 23406/2012

PETITIONER EXHIBITS Exhibit P1 COPY OF THE BUILDING PERMIT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. Exhibit P2 COPY OF THE APPROVED PLAN ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. Exhibit P3 COPY OF THE CHALAN RECEIPT EVIDENCING PAYMENT OF LICENCE FEES FOR OBTAINING NO OBJECTION CERTIFICATE FROM THE FIRE FORCE DEPARTMENT.

Exhibit P4 COPY OF THE NOTICE DATED 16.7.2011. Exhibit P5 COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 11.10.2011.

Exhibit P6 COPY OF THE NOTICE DATED 28.9.2011. Exhibit P7 COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C) NO. 27093 OF 2011.

Exhibit P8 COPY OF THE APPEAL FILED BEFORE THE LOCAL SELF GOVERNMENT TRIBUNAL AS APPEAL NO. 267 OF 2012.

Exhibit P9 COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT IN APPEAL NO. 267 OF 2012 BEFORE THE LOCAL SELF GOVERNMENT TRIBUNAL.

Exhibit P10 COPY OF THE ORDER OF THE LOCAL SELF

OF 2012 DATED 21.6.2012.