K.A.Sethunath vs Kayamkulam Municipality
2024 Latest Caselaw 19344 Ker

Kerala High Court

K.A.Sethunath vs Kayamkulam Municipality on 3 July, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

     WEDNESDAY, THE 3RD DAY OF JULY   2024 / 12TH ASHADHA, 1946

                        WP(C) NO. 3273 OF 2021

PETITIONER:

              K.A.SETHUNATH
              AGED 55 YEARS
              S/O. ACHANKUNJU, SREENADAM HOUSE, CHIRAKADAVAM MURI,
              KAYAMKULAM, REPRESENTED BY HIS POWER OF ATTORNEY
              HOLDER DEEPTHI BABU, AGED 44 YEARS, W/O. M.BABU,
              THEKKEKALATHATTEL, GOVINDAMUTTOM P.O., KAYAMKULAM-
              690527.

              BY ADVS.
              RINNY STEPHEN CHAMAPARAMPIL
              SMT.ASHA ELIZABETH MATHEW


RESPONDENTS:

     1        KAYAMKULAM MUNICIPALITY,
              REPRESENTED BY ITS SECRETARY, MUNICIPALITY OFFICE,
              KAYAMKULAM-690502.

     2        THE SECRETARY,
              KAYAMKULAM MUNICIPALITY, MUNICIPALITY OFFICE,
              KAYAMKULAM-690502.

              BY ADV SHRI.T.R.RAJAN, SC, KAYAMKULAM MUNCIPALITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.3273 of 2021                    2

                               M.A.ABDUL HAKHIM J.
                            ---------------------------------
                             W.P.(C).No.3273 of 2021
                            --------------------------------
                          Dated this the 3rd day of July 2024

                                   JUDGMENT

1. The petitioner has filed this writ petition seeking direction to the

respondents to issue building permit to the petitioner. The Counsel for

the petitioner submitted that subsequent to the filing of the writ

petition, the respondents rejected the application for building permit and

the petitioner filed appeal before the LSG Tribunal; that the Tribunal set

aside the order and remanded the matter back to the first respondent for

fresh consideration and the matter is pending consideration before the

first respondent-Municipality.

2. In view of the said fact, the writ petition is closed leaving open

all contentions of the petitioner.

Sd/-

M.A.ABDUL HAKHIM JUDGE

dpk

APPENDIX OF WP(C) 3273/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RECEIPT DATED 22.8.2017 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 27.10.2017 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE NOTICE DATED 16.12.2017 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 9.5.2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE PROVISIONAL NOC DATED 23.10.2019 ISSUED BY THE MORTH.

EXHIBIT P6 A TRUE COPY OF THE NOTICE DATED 18.1.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE COVERING LETTER DATED 12.2.2020 BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE FORWARDING LETTER DATED 12.3.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P9 A TRUE COPY OF THE FIRE SAFETY CLEARANCE DATED 1.7.2020 ISSUED BY THE REGIONAL FIRE OFFICER, KOTTAYAM.

EXHIBIT P10 A TRUE COPY OF THE COVERING LETTER DATED 7.8.2020 BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P11 A TRUE COPY OF THE BUILDING PLAN APPROVED BY THE REGIONAL FIRE OFFICER, KOTTAYAM.

EXHIBIT P12 A TRUE COPY OF THE NOTICE DATED 9.9.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P13 A TRUE COPY OF THE REPLY DATED 5.10.2020 SUBMITTED BY THE PETITIONER.

EXHIBIT P14 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 13.02.2020 ISSUED BY THE 1ST RESPONDENT.