Kerala High Court
Joy Palatty vs Chalakkudy Municipality on 27 March, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 12231 OF 2013
PETITIONER:
JOY PALATTY, AGED 52 YEARS,
S/O KOCHAPPAN, PALATTY HOUSE, KARUKUTTY,
ERNAKULAM.
BY ADV SMT.P.R.REENA
RESPONDENTS:
1 CHALAKKUDY MUNICIPALITY
MUNICIPAL OFFICE, CHALAKKUDY, THRISSUR DISTRICT,
PIN:680 307, REPRESENTED BY ITS SECRETARY.
2 SECRETARY
CHALAKUDY MUNICIPALITY, MUNICIPAL OFFICE,
CHALAKUDY, THRISSUR DISTRICT, PIN:680 307.
BY ADV SRI.SHEEJO CHACKO, SC, CHALAKUDY
MUNICIPALITY
BY ADV.
SRI.RIYAL DEVASSY, GP
SRI.SHEEJO CHACKO, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.12231 of 2013
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 12231 of 2013
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Dated this the 27th day of March, 2024.
JUDGMENT
This writ petition is filed with the following
reliefs:
"i. Call for records leading to Ext.P3 and issue
a writ in the nature of certiorari quashing Ext.P3.
ii. Issue a writ in the nature of mandamus
commanding the 2nd respondent to reconsider the
petitioner's application dated 18.01.2013 for
commercial building permit de hors of the alleged town
planning scheme of 1974 and grant the same if it is in
accordance with the Kerala Municipal Building Rules
within such time as may be fixed by this Hon'ble Court.
iii. issue such other orders, writs or directions
as are deemed fit by this Hon'ble court.
iv. award cost of this proceedings to the
petitioners."[SIC]
2. This Writ petition is filed challenging
Ext.P3 order dated 06.03.2013 by which an application
for building permit was rejected. It appears that a new
Town Planning Scheme is implemented in the
Municipality. If that be the case, the petitioner can
approach the Municipality with appropriate application in
accordance with law.
With the above observation, this Writ petition is
closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 12231/2013
PETITIONER EXHIBITS
EXHIBIT P1: TRUE COPY OF THE SALE DEED
NO.2601/2012 DATED 14.5.2012.
EXHIBIT P2: TRUE COPY OF THE RECEIPT
ISSUED BY THE MUNICIPALITY DATED
18.1.2013.
EXHIBIT P3: TRUE COPY OF THE
COMMUNICATION ISSUED BY THE
MUNICIPALITY TO THE PETITIONER DATED
6.3.2013.
EXHIBIT P4: TRUE COPY OF THE JUDGMENT
IN WPC NO.31370/2009 DATED 24.8.2011.
EXHIBIT P5: TRUE COPY OF THE JUDGMENT
IN WPC NO.27577/2009 DATED 17.11.2012.
EXHIBIT P6: TRUE COPY OF THE JUDGMENT
IN WPC NO.17322/2012 DATED 7.9.2012.
EXHIBIT P7: TRUE COPY OF THE BUILDING
PERMIT GRANTED BY RESPONDENT ON
9.1.2013 IN APPLICATION DATED
7.4.2012.
EXHIBIT P8: TRUE COPY OF THE BUILDING
PERMIT GRANTED BY RESPONDENT ON
9.1.2013 IN APPLICATION DATED
13.7.2012.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
