O.P.Unnikrishnan vs State Of Kerala
2023 Latest Caselaw 4224 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                         WP(C) NO. 11594 OF 2023
PETITIONER:

              O.P.UNNIKRISHNAN
              AGED 61 YEARS
              S/O NARAYANIKUTTY AMMA, GOVIND HOUSE, MALA AMSOM DESOM,
              PATTITHARA VILLAGE, OTTAPPALAM TALUK, PALAKKAD, PIN -
              679534

              BY ADV RAJIT


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF
              GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
              PIN - 695001

     2        GURUVAYUR MUNICIPALITY
              REPRESENTED BY ITS SECRETARY, GURUVAYUR PO, THRISSUR
              DISTRICT, PIN - 680101

     3        THE SECRETARY
              GURUVAYUR MUNICIPALITY, GURUVAYUR PO, THRISSUR DISTRICT,
              PIN - 680101

              BY ADV GOVERNMENT PLEADER

              SMT.PARVATHY.K-GP
              SRI.V.N.HARIDAS SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11594 OF 2023                   2




                                     JUDGMENT

Dated this the 31st day of March, 2023

This writ petition is filed challenging Ext.P4 order passed by the

3rd respondent and seeking a consideration of Ext.P5 representation

submitted by the petitioner.

2. It is submitted by the learned counsel for the petitioner that

the building permit in respect of the residential apartment complex

was one granted in the year, 2004 and that the petitioner had

provided recreation space as provided in Rule 50 of the Kerala

Municipality Building Rules as it stood at the relevant time. It is

submitted that the Rule was amended by SRO No.1070/2009 dated

16/12/2009 and that it is the amended Rule which has been referred

to in Ext.P4 order. It is submitted that the amendment being later,

in point of time, it can have no effect on the recreational area as

provided by the petitioner in the building which was constructed on

the strength of a building permit issued in the year, 2004. It is

submitted that highlighting these aspects, the petitioner has

preferred Ext.P5 further representation before the respondents which

is liable to be considered in accordance with law.

Having heard the learned Standing Counsel also, there will be a

direction to the 3rd respondent to take up Ext.P5 representation

submitted by the petitioner and to consider and pass orders on the

same, with notice to the petitioner as well as the complainant in the

1st reference in Ext.P4 as well as any other affected parties.

Appropriate orders shall be passed after hearing all concerned within

a period of one month from the date of receipt of a copy of this

judgment. Till orders are passed and communicated to the petitioner,

status quo as on today shall be maintained.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE ska

APPENDIX OF WP(C) 11594/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 3RD RESPONDENT DATED 20.12.2004

Exhibit P2 A TRUE COPY OF THE BUILDING PLAN SANCTIONED BY THE GURUVAYUR MUNICIPALITY IN RESPECT OF THE APARTMENT COMPLEX

Exhibit P3 A TRUE COPY OF THE DOCUMENTS EVIDENCING THE TRANSFER OF OWNERSHIP ABOVE MENTIONED BUILDING

Exhibit P4 A TRUE COPY OF THE ORDER NO.

R4/R1/14129/21(E2-1358/21) ISSUED BY THE 3RD RESPONDENT DATED 14.03.2023

Exhibit P5 A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.03.2023 ALONG WITH THE RECEIPT