V. Rajagopal vs The Secretary, Aluva ...
2022 Latest Caselaw 2573 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
         FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
                        WP(C) NO. 32067 OF 2013
PETITIONER/S:

     1       V. RAJAGOPAL
             S/O.DR.K.P.PILLAI, ATHIRA, V/52, NEAR SIVA TEMPLE
             THOTTAKKATTUKARA, ALUVA-683 108.
     2       PADMAKUMAR S.
             S/O.SIVARAMA MENON, PATTATH HOUSE, V/54,
             THOTTAKKATTUKARA, ALUVA-683 108.
     3       YOGESH IYER
             S/O.GOPALAKRISHNA IYER, IV/113, 1,2,3 THOTTAKKATTUKARA,
             ALUVA-683 108.
             BY ADV SRI.C.M.SURESH BABU


RESPONDENT/S:

     1       THE SECRETARY, ALUVA MUNICIPALITY
             ALUVA, PIN-683 108.
     2       THE CHIEF TOWN PLANNER
             TOWN AND COUNTRY PLANNING DEPARTMENT, THIRUVANANTHAPURAM,
             PIN-695 001.
     3       LOCAL SELF GOVERNMENT DEPARTMENT
             REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN-695 001.
     4       V. SUNIL KUMAR
             (POWER OF ATTORNEY HOLDER OF 76% OF LAND), DIRECTOR ASSET
             HOMES PVT. LTD., G.129, 28/24A, PANAMPILLY NAGAR, KOCHI-
             36.
             BY ADVS.
             SRI.V.M.KURIAN
             GOVERNMENT PLEADER
             SRI.PEEYUS A.KOTTAM
             R2 AND 3 - SRI.RIYAL DEVASSY,GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 32067 OF 2013


                                          -2-

                                 JUDGMENT

This writ petition is filed by the petitioners seeking the following

reliefs:-

"i) To issue a writ of certiorari or any other appropriate writ order or direction to call for the records leading to Exhibit P1 and quash the same since the same is issued in violation of the provisions of KMBR, 1999; and the Kerala Town and Country Planning Ordinance, 2013;

ii) to issue a writ of mandamus or any other appropriate writ, direction or order directing the first respondent to issue stop memo to 4th respondent, not to proceed with the construction as per Ext.P1 permit;

iii) to issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondents 2 and 3 to issue necessary directions to the 1st respondent to stop the construction as per Ext.P1 permit;

iv) to grant such other order or direction which this Honourable Court would deem just and proper in the facts and circumstances of the case."

2. Apparently, the challenge is made to a construction proposed to

be carried out by the 4th respondent, i.e., V.Sunilkumar, Director, Asset WP(C) NO. 32067 OF 2013

Homes Pvt. Ltd, Panampilly Nagar, Kochi, within the Aluva Municipality

limits. The writ petition was pending before this Court from the year

2013 without securing any interim orders. Even though blatant

contentions are raised with respect to violation of the Kerala Municipality

Act, 1994, and the Kerala Municipality Building Rules, 1999, no specific

pleading is made with respect to the violation of the plan and permit

secured by the 4th respondent to carry out construction of the multi

storied apartment. Ext.P1 is the building permit, from where it is clear

that, the 4th respondent has secured a permit for a multi storied

residential flat having a total plinth area of 4432.70 square meters.

3. A counter affidavit is filed by the Secretary of the Aluva

Municipality, justifying the permit issued to the 4 th respondent, and also

submitting that the permit is issued in accordance with the provisions of

the Kerala Municipality Building Rules, 1999. Going through the

pleadings and the documents produced by the petitioners, I am of the

considered opinion that the petitioners have not made out any case for

interference under Article 226 of the Constitution of India. WP(C) NO. 32067 OF 2013

Needless to say, the writ petition fails and accordingly, it is

dismissed.

Sd/-

SHAJI P.CHALY JUDGE

uu 05.04.2022 WP(C) NO. 32067 OF 2013

APPENDIX OF WP(C) 32067/2013

PETITIONER EXHIBITS EXT.P1 TRUE COPY OF THE BUILDING PERMIT DATED 26-

4-2013 GRANTED BY THE 1ST RESPONDENT. EXT.P2 TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT DATED 26-2-2013 EXT.P3 TRUE COPY OF THE LOCATION PLAN SUBMITTED BY THE 4TH RESPONDENT.

EXT.P4 TRUE COPY OF THE LOCATION PLAN OF THE PROPOSED MULTI-STORIED BUILDING EXT.P4(a) THE PHOTOGRAPHS OF THE SITE WHICH CLEARLY SHOWS THE PROXIMITY OF THE SITE WITH THE TEMPLE AND THE RESIDENTIAL BUILDINGS. EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 6-

11-2013 SUBMITTED BY THE PETITIONERS AND SEVEN OTHERS TO THE 1ST RESPONDENT.

EXT.P6 TRUE COPY OF THE REPRESENTATIOND ATED 28-

11-2013 SUBMITTED BY THE 1ST PETITIONER TO SRI.K.JAYAKUMAR, IAS, FORMER CHIEF SECRETARY OF STATE OF KERALA WHO WAS IN CHARGE OF TRAVANCORE DEVASWOM BOARD.

EXT.P7 TRUE COPY OF THE NOTICE DATED5-12-2013 ISSUED BY THE 1ST RESPONDENT