Brydal Kuries Private Limited vs Corporation Of Thrissur
2024 Latest Caselaw 5423 Ker

Kerala High Court

Brydal Kuries Private Limited vs Corporation Of Thrissur on 16 February, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                         WP(C) NO.2186 OF 2024
PETITIONER:

             BRYDAL KURIES PRIVATE LIMITED
             PALACKAL ANGADI, THRISSUR REP BY ITS CHAIRMAN P P
             RAVEENDRAN, PUTHUPPARAMBIL HOUSE, PEECHI, THRISSUR,
             PIN - 680001
             BY ADV.PRAVEEN K. JOY


RESPONDENTS:

      1      CORPORATION OF THRISSUR
             REP. BY SECRETARY MUNICIPAL OFFICE ROAD,
             THEKKINKADU MAIDAN, THRISSUR, PIN - 680001
      2      THE SECRETARY
             CORPORATION OF THRISSUR, MUNICIPAL OFFICE ROAD,
             THEKKINKADU MAIDAN, THRISSUR, PIN - 680001
      3      THE DISTRICT TOWN PLANNER
             DISTRICT TOWN PLANNING OFFICE, KALYAN NAGAR,
             AYYANTHOLE, THRISSUR, PIN - 680003
      4      COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED
             CONSTRUCTION CONSTITUTED UNDER RULE 6(9) OF THE
             KERALA MUNICIPALITY BUILDING (REGULARIZATION OF
             UNAUTHORIZED CONSTRUCTION) RULES 2018
             REP BY ITS CONVENOR, KALYAN NAGAR, AYYANTHOLE,
             THRISSUR, PIN - 680003
             BY SRI.SANTHOSH P.PODUVAL, SC



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   16.02.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.2186 of 2024                 2



                                 JUDGMENT

The petitioner is the owner in possession of

property having an extent of 0.14 Ares in

Sy.No.3143/2 and 1.68 Ares in Sy.No.230/2-1 of

Thrissur Village, Thrissur Taluk, Thrissur

District. The application of the petitioner for

regularisation of the building was rejected by the

1st respondent vide Ext.P12 stating that, the area

is a residential zone, and no commercial

construction can be permitted. The petitioner was

also issued with Ext.P13 show-cause notice under

Section 406(1) of the Kerala Municipality Act,

1994 [for brevity, 'the Act'] and Ext.P14

provisional order under Section 406(2) of the Act.

In Ext.P12 notice, the petitioner has been asked

to submit a revised plan for the purpose of

regularisation. The petitioner states that

pursuant to Ext.P12 notice, Ext.P16 revised plan

has been submitted, as evidenced from Ext.P17. It

is also submitted that the petitioner has now been

issued with UA numbers also. The limited prayer of

the petitioner is for a direction to the 2 nd

respondent to process Ext.P16 application along

with Ext.P22 representation.

2. Heard the learned counsel for the

petitioner and the learned Standing Counsel for

the Corporation.

3. In the facts and circumstances of the case

and having regard to the submissions made across

the Bar, there will be a direction to the 2 nd

respondent to process Ext.P16 revised plan of the

petitioner and Ext.P22 request, as expeditiously

as possible, at any rate, within a period of six

weeks from the date of receipt of a copy of this

judgment. The petitioner shall produce a copy of

this writ petition, along with a copy of the

judgment, before the 2nd respondent for due

compliance.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

sp/17/02/2024

APPENDIX

PETITIONER'S EXHIBITS:-

Exhibit P1 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT HAVING NO. KL08016005317/2022 DATED 31.08.22 OF THRISSUR VILLAGE.

Exhibit P2 TRUE PHOTOCOPY OF THE LOCATION SKETCH AND SITE PLAN DATED 24.03.2021 SUBMITTED BEFORE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE TAX RECEIPT NO.0007880 DATED 20.05.2020 Exhibit P4 TRUE COPY OF THE TAX RECEIPT NO.

0007881 DATED 20.05.20 ISSUED FROM THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE TAX RECEIPT NO.

0261500 DATED 14.09.21 ISSUED FROM THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE TAX RECEIPT NO.

0261501 DATED 14.09.21 ISSUED FROM THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE TAX RECEIPT NO.0472720 DATED 31.08.22 FROM THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF THE TAX RECEIPT NO.0472721 DATED 31.08.22 ISSUED FROM THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19.03.2021 FROM THE VILLAGE OFFICER, THRISSUR TO THE PETITIONER

Exhibit P10 A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 12.07.2018 FROM THE 1ST RESPONDENT TO THE PETITIONER Exhibit P11 TRUE COPY OF THE APPLICATION FOR REGULARISATION DATED 24.03.2021 BEFORE THE 1ST RESPONDENT BY THE PETITIONER Exhibit P12 TRUE COPY OF THE NOTICE DATED 03.05.2021 BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P13 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 05.09.22 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P14 TRUE COPY OF THE NOTICE DATED 05.09.22 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P15 TRUE COPY OF THE HEARING NOTICE DATED 14.11.2022 TO THE PETITIONER Exhibit P16 TRUE COPY OF THE REGULARISATION APPLICATION DATED 24.11.2022 BEFORE THE 1ST RESPONDENT Exhibit P17 TRUE COPY OF THE RECEIPT DATED 24.11.2022 FROM THE 1ST RESPONDENT Exhibit P18 TRUE COPY OF THE APPLICATION DATED 20.09.2022 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER Exhibit P19 TRUE COPY OF THE ACKNOWLEDGMENT DATED 20.09.2022 FROM THE 1ST RESPONDENT TO THE PETITIONER Exhibit P 20 TRUE COPY OF THE DEMAND NOTICE DATED 09.03.2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER

Exhibit P21 TRUE COPY OF THE DEMAND NOTICE DATED 09.03.2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P22 TRUE COPY OF THE REPRESENTATION DATED 31.11.23