M/S Chakolas Spinning & Weaving ... vs The Kalamassery Municipality
2023 Latest Caselaw 4620 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                       WP(C) NO. 11222 OF 2023
PETITIONERS:

    1     M/S CHAKOLAS SPINNING & WEAVING MILLS PVT. LTD.,
          WITH ADDRESS AT CHAKOLAS BUILDINGS, BUILDING NO 3,
          KALAMASSERY, ERNAKULAM 683104,
          REPRESENTED BY ITS DIRECTOR, PAUL JOHN CHAKOLA.

    2     PAUL JOHN CHAKOLA,
          AGED 40 YEARS, S/O LATE JOHN P. CHAKOLA,
          DIRECTOR, M/S CHAKOLA SPINNING & WEAVING MILLS PVT.
          LTD, CHAKOLAS BUILDINGS, BUILDING NO 3,
          KALAMASSERY, ERNAKULAM 683104

          BY ADVS.
          KANDAMPULLY RAHUL
          RAAGA R.RAMALAKSHMI
          AJESH SASIDHARAN



RESPONDENTS:

    1     THE KALAMASSERY MUNICIPALITY,
          WITH ADDRESS AT CHANGAMPUZHA NAGAR P.O.,
          SOUTH KALAMASSERY, KALAMASSERY, ERNAKULAM       682033,
          REPRESENTED BY ITS SECRETARY.

    2     THE SECRETARY,
          KALAMMASSERY MUNICIPALITY,
          CHANGAMPUZHA NAGAR, SOUTH KALAMASSERY,
          KALAMASSERY, ERNAKULAM. 682033. PIN - 682033

    3     CHIEF TOWN PLANNER,
          SWARAJ BHAVAN, 2ND FLOOR, NANTHANCODE,
          KOWDIAR.P.O, THIRUVANANTHAPURAM. 695003.

          BY ADV SHRI.M.K.ABOOBACKER,SC KALAMASSERY MUNCIPALITY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11222 OF 2023
                                    2



                              T.R. RAVI, J.
               --------------------------------------------
                      W. P. (C). No.11222 of 2023
                --------------------------------------------
                  Dated this the 12th day of April, 2023

                              JUDGMENT

Admit. Standing counsel takes notice for respondents 1 & 2.

Government Pleader takes notice for the 3rd respondent.

2. The prayer in this writ petition is for consideration of

Exts.P6 & P8 representations for removal of the building from

classification as unauthorised and for refund of excess tax collected.

3. The standing counsel on instructions submits that Exts.P6 &

P8 are received and are pending.

In view of the limited prayer made, this writ petition is disposed

of directing the respondents to consider and pass orders on Exts.P6 &

P8, after hearing the petitioner, at the earliest, at any rate, within two

months from the date of receipt of a certified copy of this judgment.

Sd/-

T.R. RAVI JUDGE Pn WP(C) NO. 11222 OF 2023

APPENDIX OF WP(C) 11222/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF SALE DEED NO. 928/1958 BEING THE TITLE DEED OF THE PETITIONER OVER THE PROPERTY

Exhibit P2 A TRUE COPY OF THE PICTURE OF THE SAID BUILDING WITH DOOR NO. I/788

Exhibit P3 A TRUE COPY OF RELEVANT TAX RECEIPT DATED 18/02/2011 PERTAINING TO DOOR NO. 4/27 C (UA) IS PRODUCED AND MARKED AS EXHIBIT P3

Exhibit P3(a) A TRUE COPY OF RELEVANT TAX RECEIPT DATED 14/09/2015 PERTAINING TO DOOR NO. 4/27 C (UA)

Exhibit P3(b) A TRUE COPY OF RELEVANT TAX RECEIPT DATED 18/02/2011 PERTAINING TO DOOR NO. 4/27 F (UA)

Exhibit P3(c) A TRUE COPY OF RELEVANT TAX RECEIPT DATED 28/03/2016 PERTAINING TO DOOR NO. 4/27 F (UA)

Exhibit P3(d) A TRUE COPY OF RELEVANT TAX RECEIPT DATED 14/09/2015 PERTAINING TO DOOR NO. 4/27 F (UA)

Exhibit P4 A TRUE COPY OF THE SITE PLAN NO. 42/1991 ISSUED BY THE 3RD RESPONDENT

Exhibit P5 A TRUE COPY OF THE APPROVED PLAN NO.

101/1960 ISSUED BY THE CHIEF INSPECTOR OF FACTORIES AND BOILERS

Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 24/01/2023 TO THE RESPONDENTS 1 & 2

Exhibit P7 A TRUE COPY OF THE RECEIPT DATED 24/01/2023 WP(C) NO. 11222 OF 2023

EVIDENCING RECEIPT OF REPRESENTATION

Exhibit P8 A TRUE COPY OF THE REMINDER LETTER DATED 20/02/2023 TO RESPONDENTS 1 & 2

Exhibit P9 A TRUE COPY OF THE RECEIPT DATED 20/02/2023 EVIDENCING RECEIPT OF REMINDER LETTER