Kerala High Court
Educational & Charitable Trust Of Arch ... vs Kalamassery Municipality on 15 February, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.33964/2023 1/3 Order Date : 15-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Thursday, the 15th day of February 2024 / 26th Magha, 1945
WP(C) NO. 33964 OF 2023
PETITIONER:
EDUCATIONAL & CHARITABLE TRUST OF ARCH DIOCESE OF VERAPOLY, AGED 52
YEARS, REPRESENTED BY ITS TRUSTEE FATHER ANTONY VACKO ARACKAL, LATIN
ARCH BISHOP'S HOUSE, BROADWAY, THRIKKANARVATTOM DESOM, ERNAKULAM
VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682031
RESPONDENTS:
1. KALAMASSERY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KALAMASSERY
MUNICIPALITY, B.P.O, CHANGAMPUZHA NAGAR, THIRUNILATH HOUSING COLONY,
SOUTH KALAMASSERY, KALAMASSERY, ERNAKULAM, PIN - 682033
2. SECRETARY, KALAMASSERY MUNICIPALITY, B.P.O, CHANGAMPUZHA NAGAR,
THIRUNILATH HOUSING COLONY, SOUTH KALAMASSERY, KALAMASSERY,
ERNAKULAM, PIN - 682033
3. ADDL.R3 BOSCO LOUIS, AGED 38 YEARS, S/O K.A LOUIS, RESIDING AT
KARUNA NIVAS, VIDAKKUZHA, THAIKKATTUKARA P.O, NAD GATE, KALAMASSERY,
ERNAKULAM DISTRICT-683106 [ADDL.R3 IS IMPLEADED AS PER ORDER DATED
08.02.2024 IN I.A-1/2023 IN WP(C) 33964/2023]
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 stay Exhibit P-11 order of the 2nd respondent, till disposal of
this writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
08.02.2024 and upon hearing the arguments of M/S. STIYA SIVAN, K.R.RENJU,
T.M.MUHAMMED MUSTHAQ, ASITHA M.M., ANILA ANTONY, ANJITHA APREM & NEETHU
M.NAIR, Advocates for the petitioner and of M/S. V.HARISH, RAJAN VISHNURAJ
& ASWATHY CHANDRAN, Advocates for R3, the court passed the following:
WP(C) No.33964/2023 2/3 Order Date : 15-02-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P (C) No.33964 of 2023
-------------------------------------------------
Dated this the 15th day of February, 2024
ORDER
Interim order is extended for a period of one
month.
The learned counsel shall file counter
affidavit/statement, if any, in the meantime.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C) No.33964/2023 3/3 Order Date : 15-02-2024
APPENDIX OF WP(C) 33964/2023
Exhibit P-1 TRUE COPY OF THE BUILDING PERMIT OF THE BUILDINGS
ISSUED BY 1ST RESPONDENT MUNICIPALITY TO THE PETITIONER
Exhibit P-1(a) TRUE COPY OF THE APPROVED PLAN OF THE BUILDINGS ISSUED
BY 1ST RESPONDENT MUNICIPALITY TO THE PETITIONER
Exhibit P-1(b) TRUE COPY OF THE APPROVED PLAN OF THE BUILDINGS ISSUED
BY 1ST RESPONDENT MUNICIPALITY TO THE PETITIONER
Exhibit P-1(c) TRUE COPY OF THE APPROVED PLANS OF THE BUILDINGS ISSUED
BY 1ST RESPONDENT MUNICIPALITY TO THE PETITIONER
Exhibit P-2 A TRUE COPY OF LETTER NO. BA-350/2018, DATED
06/11/2019, SENT BY THE SECRETARY OF THE 1ST RESPONDENT
TO THE DISTRICT TOWN PLANNER
Exhibit P-3 A TRUE COPY OF THE LETTER DATED 07/12/2019 SENT BY THE
SENIOR TOWN PLANNER TO THE 2ND RESPONDENT
Exhibit P-4 A TRUE COPY OF THE LETTER DATED 06/09/2021 SENT BY THE
2ND RESPONDENT TO THE REGIONAL TOWN PLANNER
Exhibit P-5 A TRUE COPY OF THE COMMUNICATION DATED 28/10/2021 SENT
BY THE SENIOR TOWN PLANNER TO THE 2ND RESPONDENT
Exhibit P-6 A TRUE COPY OF ORDER NO. TCPEKM/805/2021-D.D.DIS DATED
24/04/2022 ISSUED BY THE SENIOR TOWN PLANNER
Exhibit P-7 A TRUE COPY OF THE JUDGMENT DATED 13/06/2022 OF THIS
HON'BLE COURT IN W.P ( C ) NO. 2992/2022
Exhibit P-8 A TRUE COPY OF THE ORDER NO. TP-3556/2020, DATED
10/02/2021 OF THE 2ND RESPONDENT
Exhibit P-9 A TRUE COPY OF THE ORDER DATED 09/11/2022 OF THE
HON'BLE TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTIONS, THIRUVANANTHAPURAM, IN APPEAL NO. 97/2021
Exhibit P-10 A TRUE COPY OF THE JUDGMENT 23/05/2023 OF THIS HON'BLE
Exhibit P-11 A TRUE COPY OF THE ORDER NO. H1-1677/23 DATED
06/10/2023 ISSUED BY THE 2ND RESPONDENT
