Elite Gardenia Llp vs Thrissur Municipal Corporation
2023 Latest Caselaw 6885 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                    WP(C) NO. 20275 OF 2023
PETITIONER:

         ELITE GARDENIA LLP,
         A LIMITED LIABILITY PARTNERSHIP FORMED AND
         REGISTERED UNDER THE LIMITED LIABILITY
         PARTNERSHIP ACT 2008,
         HAVING ITS REGISTERED OFFICE AT IX/61/B1,
         ELITE GARDENIA HILLS,NEAR RELIANCE PETROL PUMP,
         PUZHAKKAL P.O, THRISSUR- 680553,
         REPRESENTED BY ITS DESIGNATED PARTNER,
         ARJUN RAJIVAN.

         BY ADVS.
         ASWIN GOPAKUMAR
         ANWIN GOPAKUMAR
         ADITYA VENUGOPALAN
         NIKITHA SUSAN PAULSON
         MAHESH CHANDRAN
         AVINASH KURUNGOT
         SHALLET K. SAM


RESPONDENTS:
    1     THRISSUR MUNICIPAL CORPORATION,
          REPRESENTED BY ITS SECRETARY,
          MUNICIPAL OFFICE RD, KURUPPAM,
          THEKKINKADU MAIDAN, THRISSUR, PIN - 680001
    2     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENTS OF LOCAL SELF GOVERNMENT,
          SECRETERIAT, THIRUVANANTHAPURAM, PIN - 695001
    3     PALATHINGAL THOMAS MANUEL,
          AGED 46 YEARS, S/O P.M THOMAS,
          RESIDING AT ALAPPAT PALATHINGAL HOUSE,
          SHORNUR ROAD, THRISSUR, PIN - 680022

         BY ADVS.
         SRI.SANTHOSH P.PODUVAL, SC
         SMT. DEVISREE(GP)

     THIS WRIT PETITION       (CIVIL) HAVING COME UP      FOR
ADMISSION ON 22.06.2023,      THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.20275 of 2023
                                 :2 :




                         JUDGMENT

-----------------------

Dated this the 22nd day of June, 2023

The petitioner is a builder who has constructed an

Apartment Complex in Thrissur District.

2. The petitioner states that the 3 rd respondent filed a

complaint before the Tribunal for Local Self Government

Institutions and the Tribunal without hearing the petitioner

passed Ext.P19 order dated 11.05.2022 directing the Secretary

not to issue any approval or certificate to the Apartment

Complex of the petitioner till disposal of the appeal.

3. The petitioner states that he is not made a party to

Ext.P19 proceedings and Ext.P19 has been passed in gross

violation of the principles of natural justice. There is a

likelihood that the Corporation authorities will now proceed to WP(C) No.20275 of 2023

cancel the Occupancy Certificate issued to the Apartment

Units.

4. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the Corporation

of Thrissur.

5. If the petitioner is aggrieved by any interim order

passed by the Tribunal for Local Self Government Institutions,

Thiruvananthapuram in Appeal No.298/2022, the remedy

available to the petitioner is to approach the Tribunal and seek

modification of the order. The petitioner cannot directly rush to

this Court under Article 226 of the Constitution of India. The

petitioner apprehends that on the basis of Ext.P19 order,

Occupancy Certificate issued is likely to be cancelled. I find

from Ext.19 order that there is no such direction given by the

Tribunal for Local Self Government Institutions.

6. In the facts of the case, the writ petition is disposed

of permitting the petitioner to approach the Tribunal for Local

Self Government Institutions seeking modification, if any,

required to Ext.P19 order. I am sure that if such an application WP(C) No.20275 of 2023

is made, the Tribunal will consider the application taking into

account the fact that the order of the Tribunal is likely to affect a

large number of inhabitants of the Apartment Complex.

7. If the petitioner makes an application for modification

of Ext.P19 order before the Tribunal within a period of four

weeks from today, any proposal for cancellation of Occupancy

Certificate shall stand deferred till the Tribunal takes a decision

on the application so submitted by the petitioner.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE

sss WP(C) No.20275 of 2023

APPENDIX OF WP(C) 20275/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF BUILDING PERMIT NO. DW5-

BA (86589)/2017 ISSUED BY RESPONDENT NO.1 DATED 21.12.2017 FOR CONSTRUCTION OF A RESIDENTIAL APARTMENT EXHIBIT P2 A TRUE COPY OF THE PLAINT FILED IN O.S.

NO. 1082/2021 BEFORE THE HON'BLE MUNSIFF COURT, THRISSUR EXHIBIT P3 A TRUE COPY OF THE COMPLAINT PREFERRED BY RESPONDENT NO. 3 BEFORE RESPONDENT NO.1 DATED 06.08.2021 AND RECEIVED ON 09.08.2021 EXHIBIT P4 A TRUE COPY OF THE STOP MEMO ISSUED BY THE TOWN PLANNING OFFICER OF RESPONDENT NO.1 CORPORATION DATED 01.09.2021 EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION PREFERRED BEFORE RESPONDENT NO. 1 DATED 02.09.2021 EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED 15.09.2021 PREFERRED BEFORE MAYOR OF RESPONDENT NO.1 CORPORATION EXHIBIT P7 A TRUE COPY OF THE ORDER PASSED BY RESPONDENT NO. 1 DATED 23.09.2021 EXHIBIT8 A TRUE COPY OF THE SURVEY SKETCH PREPARED BY THE TALUK SURVEYOR DATED 13.10.2021 EXHIBIT P9 A TRUE COPY OF THE REPORT NO. H3-

18812/2021 DATED 18.10.2021 ISSUED BY THE TAHASILDAR EXHIBIT P10 A TRUE COPY OF THE APPROVAL GRANTED BY KERALA STATE POLLUTION CONTROL BOARD DATED 04.07.2022 EXHIBIT P11 A TRUE COPY OF THE NOC ISSUED BY THE DEPARTMENT OF FIRE AND RESCUE SERVICES DATED 23.07.2022 EXHIBIT P12 A TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 4496 OF 2022 DATED 23/05/2022 EXHIBIT P13 A TRUE COPY OF THE PROCEEDINGS DATED 30.08.2022 HELD BY RESPONDENT NO.1 WP(C) No.20275 of 2023

EXHIBIT P14 A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE PERINGAVU VILLAGE OFFICER DATED 11.05.2023 EXHIBIT P15 A TRUE COPY OF THE OCCUPANCY CERTIFICATE NO. DW5/BA/591/15-16 DATED 21.01.2023 ISSUED BY RESPONDENT NO.1 EXHIBIT P16 A TRUE COPY OF THE AFFIDAVIT DATED 27.03.2023 ISSUED BY RESPONDENT NO.1 CORPORATION EXHIBIT P17 A TRUE COPY OF THE TAX RECEIPT DATED 20.04.2023 ISSUED BY THE VILLAGE OFFICER, PERINGAVU EXHIBIT18 A TRUE COPY OF APPEAL NO. 298 OF 2022 PREFERRED BY RESPONDENT NO. 3 DATED 10.05.2022 BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT DEPARTMENT THIRUVANANTHAPURAM ALONG WITH THE DOCUMENTS EXHIBIT P19 A TRUE COPY OF THE AD-INTERIM ORDER

OF 2022 IN APPEAL NO.298 OF 2022 PASSED BY TRIBUNAL FOR LOCAL SELF GOVERNMENT DEPARTMENT THIRUVANANTHAPURAM