Vinoj . K.G vs The State Of Kerala
2023 Latest Caselaw 3239 Ker

WP(C) No.9797/2023                       1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
             Thursday, the 23rd day of March 2023 / 2nd Chaithra, 1945
                               WP(C) NO. 9797 OF 2023
   PETITIONER:

          VINOJ . K.G, AGED 47 YEARS, S/O. GOPALAN, KALANGATTU HOUSE,
          KUSUMAGIRI P.O., KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030.

   RESPONDENTS:

      1. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO
         GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
      2. THE DIRECTOR OF URBAN AFFAIRS, DIRECTORATE OF URBAN AFFAIRS, FIRST
         FLOOR, SWARAJ BHAVAN, PMG JUNCTION, TTC JUNCTION ROAD, NANTHANCODU
         P.O., KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003.
      3. THE SENIOR TOWN PLANNER, OFFICE OF THE REGIONAL TOWN PLANNER, TOWN
         PLANNING OFFICE, CIVIL STATION, ERNAKULAM, PIN - 682030.
      4. THE THRIKKAKARA MUNICIPALITY, REPRESENTED BY ITS
         SECRETARY, MUNICIPAL OFFICE, KAKKANAD, KOCHI, PIN - 682030.
      5. THE SECRETARY, THRIKKAKARA MUNICIPALITY, MUNICIPAL OFFICE, KAKKANAD,
         KOCHI, PIN - 682030.
      6. THE MUNICIPAL ENGINEER, THRIKKAKARA MUNICIPALITY, KAKKANAD,
         ERNAKULAM, PIN - 682030.
      7. GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA) (SOUGHT TO BE
         IMPLEADED), KADAVANTHRA P.O., ERNAKULAM DISTRICT, REPRESENTED BY ITS
         CHAIRMAN.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to issue an interim direction directing the respondents 4 to 6 to
   issue occupancy certificate as sought for by Exhibit P8 and P9 to the
   building constructed on the strength of Exhibit P6 and P7, without again
   referring to the objections in Exhibit P10, pending disposal of this Writ
   Petition.


        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S S.SHANAVAS KHAN & S.INDU, KALA G.NAMBIAR, Advocates for the
   petitioners, the court passed the following:
 WP(C) No.9797/2023                        2/3



                              ANU SIVARAMAN, J.
                        =========================
                             W.P.(c) No.9797 of 2023
                        =========================
                          Dated this the 23rd day of March, 2023

                                        ORDER

Admit.

2. The learned Government Pleader takes notice for the

respondents 1 to 3. The learned Standing Counsel takes notice for

the respondents 4 to 6. The learned Standing Counsel takes

notice for the additional 7th respondent. Service is complete.

3. In the light of the fact that Ext.P7 building permit had

been issued by the 6th respondent, I am of the opinion that the

refusal to consider the completion plan and request for numbering

on the ground that the commercial building violates a DTP scheme

is untenable. There will accordingly be an interim direction to the

5th respondent to consider the application for occupancy certificate

and to number the building, in case the construction is in

accordance with Rules, within a period of two weeks from the

date of receipt of a copy of this order, subject to further orders in

the writ petition.

Sd/-

                                                       ANU SIVARAMAN
                                                            JUDGE
        ska
 WP(C) No.9797/2023                 3/3

                      APPENDIX OF WP(C) 9797/2023
Exhibit P1           TRUE COPY OF THE NOTICE DATED 04/10/2021 ISSUED BY 6TH
                     RESPONDENT
Exhibit P2           TRUE COPY OF THE OBJECTION DATED 08/10/2021 SUBMITTED

BY PETITIONER BEFORE THE 6TH RESPONDENT Exhibit P3 TRUE COPY OF THE COMMUNICATION NO. TP1 BA- 304/2021 DATED 21/10/2021 OF THE 6TH RESPONDENT Exhibit P4 TRUE COPY OF THE PURCHASE NOTICE DATED 18/11/2021 ISSUED BY PETITIONER TO 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 15/03/2022 IN W.P (C) NO.4650/2022 OF THIS HON'BLE COURT Exhibit P6 TRUE COPY OF THE APPROVED PLAN DATED 19/04/2022 OF THE BUILDING Exhibit7 TRUE COPY OF THE BUILDING PERMIT DATED 19/04/2022 ISSUED BY THE 6TH RESPONDENT Exhibit P8 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 09/03/2023 SUBMITTED BY THE PETITIONER Exhibit P9 TRUE COPY OF THE COMPLETION PLAN OF THE BUILDING DATED NIL Exhibit P10 TRUE COPY OF THE COMMUNICATION NO.TP1-BA-304/2021 DATED 14/03/2023 OF THE 6TH RESPONDENT Exhibit P11 TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 22/02/2023 ISSUED BY LENSKART.COM TO THE PETITIONER Exhibit P12 TRUE COPY OF THE PHOTOGRAPH OF THE BUILDING Exhibit P12(a) TRUE COPY OF THE PHOTOGRAPH OF THE BUILDING Exhibit P13 TRUE COPY OF THE PHOTOGRAPH OF BUILDINGS SITUATED WITHIN 8 METRES OF THE BUILDING IN QUESTION Exhibit P13(a) RUE COPY OF THE PHOTOGRAPH OF BUILDINGS SITUATED WITHIN 8 METRES OF THE BUILDING IN QUESTION Exhibit P14 TRUE COPY OF THE PHOTOGRAPH OF BUILDINGS SITUATED WITHIN 15 METRES OF THE BUILDING IN QUESTION Exhibit P14(a) RUE COPY OF THE PHOTOGRAPH OF BUILDINGS SITUATED WITHIN 15 METRES OF THE BUILDING IN QUESTION Exhibit P15 TRUE COPY OF THE PHOTOGRAPH OF BUILDINGS SITUATED WITHIN 20 METRES OF THE BUILDING IN QUESTION Exhibit P15(a) TRUE COPY OF THE PHOTOGRAPH OF BUILDINGS SITUATED WITHIN 20 METRES OF THE BUILDING IN QUESTION Exhibit P16 TRUE COPY OF THE PHOTOGRAPH OF BUILDINGS SITUATED WITHIN 50 METRES OF THE BUILDING IN QUESTION Exhibit P16(a) TRUE COPY OF THE PHOTOGRAPH OF BUILDINGS SITUATED WITHIN 50 METRES OF THE BUILDING IN QUESTION Exhibit P17 TRUE COPY OF THE PHOTOGRAPH OF THE NEW THREE STORIED BUILDING SITUATED WITHIN 50 METRES OF THE BUILDING IN QUESTION Exhibit P18 TRUE COPY OF PHOTOGRAPH OF YET ANOTHER COMMERCIAL BUILDING THAT WAS ALLOWED TO BE PUT UP WITHIN 150 METRES FROM THE BUILDING IN QUESTION IN THE YEAR 2019