Elsamma Joseph Chalamana vs The Chief Secretary State Of ...
2023 Latest Caselaw 10213 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                        RP NO.947 OF 2023
 ARISING OUT OF THE JUDGMENT DATED 04.07.2023 IN WP(C) 20153/2012
                     OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER IN WP(C):
           ELSAMMA JOSEPH CHALAMANA
           AGED 53 YEARS, D/O.LATE GEORGE JOSEPH
           CHALAMANA HOUSE, KALATHODU, OLLUKKARA P.O.,
           THRISSUR, PIN - 680655

          BY ADVS.
          K.R.PRATHISH
          P.K.SREEVALSAKRISHNAN
          JOEL CHALAMANA


RESPONDENTS/RESPONDENTS IN WP(C):
     1     THE CHIEF SECRETARY
           STATE OF KERALA, THIRUVANANTHAPURAM, PIN - 695001

    2     THE PRINCIPAL SECRETARY LSGD (LOCAL SELF GOVERNMNENT
          DEPARTMENT)
          THIRUVANANTHAPURAM, PIN - 695001

    3     THE CHIEF TOWN PLANNER
          THIRUVANANTHAPURAM, PIN - 695001

    4     THE SECRETARY
          CORPORATION ZONAL OFFICE, OLLUKKARA P.O.,
          THRISSUR DISTRICT, PIN - 680655

    5     ASSISTANT ENGINEER THRISSUR CORPORATION
          ZONAL OFFICE, OLLUKKARA,
          THRISSUR DISTRICT, PIN - 680655

    6     BUILDING INSPECTOR THRISSUR CORPORATION
          ZONAL OFFICE, OLLUKKARA,
          THRISSUR DISTRICT, PIN - 680655

          BY ADV. SANTHOSH P.PODUVAL, SC

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 R.P.947/2023 in WP(C)20153/2012      2



                         ANU SIVARAMAN, J.
                    ---------------------------------
               R.P.No.947 of 2023 in WP(C)No.20153 of 2012
                    ----------------------------------
                 Dated this the 21st day of September, 2023

                                  ORDER

Heard the learned counsel appearing on either side.

2. It is submitted by the learned counsel for the

petitioner that Annexures A1 and A2 consent letters had been

issued by the neighbouring land owners on 19.01.2005 and

03.08.2023 respectively and that the same may also be

considered by the Corporation while deciding the question of

regularisation of the construction made by the petitioner.

3. Learned counsel for the Corporation submits that in

case the consent letters are received by the Corporation, they

will also be looked into.

Having considered the contentions advanced and

without expressing any view on the merits of the matter, the

judgment under review is modified to the extent that the

consent letters produced by the petitioner shall also be

considered by the Corporation while considering the question of

numbering of the building.

Sd/-

ANU SIVARAMAN JUDGE csl R.P.947/2023 in WP(C)20153/2012 3

APPENDIX

REVIEW PETITIONER'S DOCUMENTS :

ANNEXURE A1 : TRUE COPY OF THE CONSENT RECEIVED FROM THE NEIGHBOUR TO THE PETITIONER DATED 19.01.2005

ANNEXURE A2 : TRUE COPY OF THE CONSENT RECEIVED FROM THE SAID NEIGHBOUR DATED 03.08.2023.

ANNEXURE A3 : TRUE COPY OF THE CMS OF THIS WP(C)NO.20153 OF 2012 BEFORE THIS COURT.