Church Of South India Trust Association vs Aluva Municipality
2023 Latest Caselaw 13529 Ker

Kerala High Court

Church Of South India Trust Association vs Aluva Municipality on 21 December, 2023

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945
                   WP(C) NO. 43420 OF 2023


PETITIONER/S:

    1     CHURCH OF SOUTH INDIA TRUST ASSOCIATION,
          (CSITA) REPRESENTED BY ITS DULY CONSTITUTED-
          ATTORNEY AND TREASURER,
          MR. RAJAN JACOB,
          AGED 68 YEARS,
          S/O. P.V. JACOB,
          DIOCESE OFFICE, PUMP JUNCTION,
          ALUVA,, PIN - 683101

    2     CHURCH OF SOUTH INDIA DIOCESE OF COCHIN
          REPRESENTED BY ITS DIOCESAN TREASURER,
          MR. RAJAN JACOB,
          AGED 68 YEARS,
          S/O. P.V. JACOB, DIOCESE OFFICE,
          PUMP JUNCTION, ALUVA,, PIN - 683101

          BY ADVS.
          K.R.VINOD
          NABIL KHADER
          M.S.LETHA


RESPONDENTS:

    1     ALUVA MUNICIPALITY
          REPRESENTED BY ITS SECRETARY,
          MUNICIPAL OFFICE, ALUVA,PIN - 683101
 W.P.(C).No.43420 of 2023
                                 -:2:-


      2       THE SECRETARY,
              ALUVA MUNICIPALITY, MUNICIPAL OFFICE,
              ALUVA, PIN - 683101

      3       THE ASSISTANT EXECUTIVE ENGINEER
              ALUVA MUNICIPALITY,
              MUNICIPAL OFFICE, ALUVA,, PIN - 683101

              BY ADV.
              K.T.THOMAS,
              STANDING COUNSEL
       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.43420 of 2023
                                       -:3:-




                        BECHU KURIAN THOMAS, J.
                      -----------------------------------------
                         W.P.(C).No.43420 of 2023
                     -------------------------------------------
                  Dated this the 21st day of December, 2023


                                  JUDGMENT

Petitioner's application for construction of a building submitted on

11.09.2023 is pending consideration. According to the petitioner, there is a

building on the property which is dilapidated and under occupation of

various tenants. Petitioner intends to demolish the said structure and

reconstruct the building for which an application for building permit was

submitted. The said application has not been processed by respondents

for extraneous reasons.

2. Having heard Sri. K.R.Vinod, the learned counsel for the petitioner

as well as Sri. K.T.Thomas, the learned Standing Counsel for the

respondents, I am of the view that this writ petition can be disposed of with

a direction.

3. Accordingly, there will be a direction to the second respondent to

consider and pass appropriate orders on the application for building permit

submitted by the petitioner on 11.09.2023, as expeditiously as possible, at

any rate, within a period of of 30 days from the date of receipt of a copy of

this judgment, after granting an opportunity of hearing to the petitioner.

Writ petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE

Jka/21.12.23.

APPENDIX OF WP(C) 43420/2023

PETITIONER'S EXHIBITS

Exhibit P1 TRUE OF THE NOTICES SO ISSUED TO ONE OF THE BUILDING TENANTS THEREIN DATED 30.11.2023.

Exhibit P2 THE COPY OF THE BUILDING PLAN SUBMITTED BY THE PETITIONERS FOR SANCTION.

Exhibit P3                   THE COPY OF THE COMMUNICATION ADDRESSED TO
                             THE     PETITIONER     DATED     04.12.2023
                             UNDERSIGNED BY THE 3RD RESPONDENT.