Kottayam Municipality vs The Chief Town Planner
2024 Latest Caselaw 15379 Ker

Kerala High Court

Kottayam Municipality vs The Chief Town Planner on 5 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 6297 OF 2017            1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                         WP(C) NO. 6297 OF 2017
PETITIONER/S:

              KOTTAYAM MUNICIPALITY
              REP. BY ITS SECRETARY, KOTTAYAM MUNICIPAL OFFICE,
              KOTTAYAM.

              BY ADVS.
              SRI.S.RANJIT (KOTTAYAM)
              SRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY
              AJIT JOY, SC, KOTTAYAM MUNICIPALITY


RESPONDENT/S:
    1     THE CHIEF TOWN PLANNER
          OFFICE OF THE CHIEF TOWN PLANNER, 2ND AND 3RD
          FLOOR, SWARAJ BHAVAN, NADANCODU, TRIVANDRUM
          DISTRICT PIN 695 003.

      2        THE DISTRICT TOWN PLANNER
               OFFICE O THE DISTRICT TOWN PLANNER, KOTTAYAM PIN
               686 001.

      3        MS.T.V.SUNDARAM LYENGAR SONS LTD
               REP. BY ITS MANAGING DIRECTOR, NATTAKOM PO,
               KOTTAYAM PIN 686 013.

              BY ADVS.
              SRI.N.RAGHURAJ
              VIVEK MENON, SRI.M.RAJEEVAN, GP
              SAYUJYA(K/687-E/2014)
              RANCE R.(K/1560/2021)-R3

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 6297 OF 2017              2




                      P.V.KUNHIKRISHNAN, J
                    --------------------------------------
                      W.P.(C.) No.6297 of 2017
                    --------------------------------------
                 Dated this the 5th day of June, 2024



                               JUDGMENT

The above writ petition is filed with following prayers :

"i. To issue a writ of mandamus or such other writ, direction or order commanding respondents 1 and 2 to issue necessary approval/concurrence as is required under Rule 59 of Kerala Municipality Building Rules, 1999 in respect of the 3rd respondent's application for building permit dated 28.11.2013 bearing No.NBA-233/13-14 forwarded as per Exhibit P8 in the light of the specific direction in Exhibit P1 judgment, within a time frame to be fixed by this Hon'ble Court.

ii. To pass such other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of this case." [sic]

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that the

building permit is already given to the 3 rd respondent on

02.03.2017. In the light of the above submission, no further

order is necessary.

Therefore, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 6297/2017

PETITIONER EXHIBITS

EXT.P1 TRUE COPY OF THE JUDGMENT DATED 10.6.2015

EXT.P2 TRUE COPY OF THE ORDER BEARING NO. NBA 233/12-14 DATED 19.8.2015

EXT.P3 TRUE COPY OF THE APPLICATION BEARING NO.

NBA -233/13-14 DATED 8.10.2015 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT

EXT.P4 TRUE COPY OF THE COMMUNICATION BEARING NO. C3-11012/2015/L.DIS DATED 11.12.2015

EXT.P5 TRUE COPY OF THE JUDGMENT IN WA NO.

1120/2016 DATED 27.9.2016 OF THE HIGH COURT OF KERALA

EXT.P6 TRUE COPY OF THE LETTER DATED 3.11.2016 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT

EXT.P7 TRUE COPY OF THE LETTER APPLICATION/LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 21.11.2016

EXT.P8 TRUE COPY OF THE FORWARDING LETTER DATED 14.12.2016 BY WHICH THE PETITIONER FORWARDED THE 3RD RESPONDENT'S APPLICATION FOR BUILDING PERMIT