Kerala High Court
Biju Jacob vs Thiruvananthapuram Corporation on 28 May, 2024
WP(C) No.7236/2017 1/4 Order Date : 28-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
Tuesday, the 28th day of May 2024 / 7th Jyaishta, 1946
WP(C) NO. 7236 OF 2017
PETITIONER:
BIJU JACOB, AGED 51 YEARS MANAGING PARTNER, PTC BUILDERS,PTC TOWERS,
SS KOVIL ROAD, THIRUVANANTHAPURAM,PIN.695001
RESPONDENTS:
1. THIRUVANANTHAPURAM CORPORATION, REPRESENTED BY ITS
SECRETARY,CORPORATION OFFICE, PALAYAM,TRIVANDRUM OFFICE, 695033
2. THE SUPERINTENDING ENGINEER, CORPORATION OF TRIVANDRUM,CORPORATION
OFFICE, PALAYAM,TRIVANDRUM, PIN. 695033
3. THE AIRPORT AUTHORITY OF INDIA, REP. BY GENERAL MANAGER, (ATM-
NOC)OPERATIONAL OFFICE COMPLEX,CHENNAI.600027
4. THE AIRPORT DIRECTOR, AIRPORT AUTHORITY OF INDIA,TRIVANDRUM
INTERNATIONAL AIRPORT,TRIVANDRUM. 695008
5. STATE OF KERALA, LOCAL SELF GOVERNMENT
DEPARTMENT,TRIVANDRUM.691001.REPRESENTED BY ITS SECRETARY
6. SUKUMAR KUNHIL, AGED 61 YEARS S/O LATE.K.T.K.RAMAN, B-203, SRI
SAIRAM TOWERS, HAFEEZPET, HYDERABAD-500049 IS IMPLEADED AS ADDL:R6
AS PER ORDER DATED 03.07.2018 IN I.A.11312/2018
7. DR. P.J.KOSHY, ( SOUGHT TO BE IMPLEADED ) S/O.P.C.JACOB,RESIDING AT
: VAKAYAR ESTATE, VAKAYAR P.O, KONNI, PATHANAMTHITTA DISTRICT (
SOUGHT TO BE IMPLEADED )
8. GOWRI PILLAI, ( SOUGHT TO BE IMPLEADED ) D/O. BALAKRISHNA
PILLAI,PRESENTLY RESIDING AT 3332, KEENLAND ROAD, MARIETTA, GA -
30062, UNITED STATES OF AMERICA REPRESENTED BY HER POWER OF ATTORNEY
HOLDER BALAKRISHNA PILLAI, AGED 79 YEARS, S/O K.G. GOPAL
PILLAI,RESIDING AT FLAT NO.5B, AQUA VISTA,PTC APARTMENT, AAKULAM,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM ( SOUGHT TO BE IMPLEADED )
9. PRAKASH P., ( SOUGHT TO BE IMPLEADED ) S/O PAVITHRAN, FLAT NO.6A,
AQUA VISTA,PTC APARTMENT, AAKULAM, MEDICAL COLLEGE
P.O.,THIRUVANANTHAPURAM . ( SOUGHT TO BE IMPLEADED )
10. JOHN VARGHESE T. ,( SOUGHT TO BE IMPLEADED ) S/O T.S. VARGHESE, FLAT
NO.7A, AQUA VISTA,PTC APARTMENT, AAKULAM, MEDICAL COLLEGE
P.O.,THIRUVANANTHAPURAM . ( SOUGHT TO BE IMPLEADED )
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 issue an interim direction, directing the 1st respondent to
issue Occupancy Certificate to the petitioner's building namely Aqua Vista
constructed as per Exhibit P1 permitin Cheruvackal Village under
Trivandrum Corporation, subject to the result of the Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.S.RAMESH BABU (SENIOR) along with SAJI VARGHESE T.G, Advocates for the
petitioner and M/S.N.NANDAKUMARA MENON (SENIOR) along with V.PHILIP
WP(C) No.7236/2017 2/4 Order Date : 28-05-2024
MATHEWS, V.SANTHARAM, P.K.MANOJ KUMAR, STANDING COUNSEL, TVPM CORPORATION
& SUMAN CHAKRAVARTHY, STANDING COUNSEL, THIRUVANANTHAPURAM CORPORATION,
Advocates for R1 and SRI.V.SANTHARAM,Advocate for R3 and SRI.V.PHILIP
MATHEWS,Advocate for R7 and M/S. SOORAJ T.ELENJICKAL, C.R.SYAMKUMAR, HELEN
P.A., ATHUL ROY & STEPHANIE SHARON,Advocates for R8 and of SRI.SOORAJ
T.ELENJICKAL, Advocate for R9 & R10, the court passed the following:
WP(C) No.7236/2017 3/4 Order Date : 28-05-2024
M.A.ABDUL HAKHIM, J.
-------------------------------------
W.P.(C)No.7236 of 2017
--------------------------------------
Dated this the 28th day of May, 2024
ORDER
I.A.No.1 of 2024:
Heard. Impleading petition allowed. Applicants are
impleaded as additional respondents 8 to 10 in the writ
petition.
W.P.(C):
Learned counsel for the third respondent wants to
place on record the judgment passed by this Court in a
connected matter and seeks for time.
Post on 05.06.2024.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
Shg
WP(C) No.7236/2017 4/4 Order Date : 28-05-2024
PPENDIX OF WP(C) 7236/2017
EXHIBIT P1 TRUE COPY OF THE PERMIT NO.ZU3/826/07 DATED 4.10.07
ISSUED BY THE FIRST RESPONDENT TRIVANDRUM CORPORATION.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 11.5.2015 ISSUED BY THE
2ND RESPONDENT THE SUPERINTENDING ENGINEER, TRIVANDRUM
CORPORATION, TO THE CHAIRMAN, APPELLATE COMMITTEE,
MINISTRY OF CIVIL AVIATION NEW DELHI.
EXHIBIT P3 TRUE COPY OF THE LETTER NO.ZAE/3800/14 DATED 31.7.2015
ISSUED BY THE FIRST RESPONDENT TO THE FIFTH RESPONDENT
STATING THAT IT WILL BE ORDER TO ISSUE OCCUPANCY
CERTIFICATE TO THE 12 BUILDINGS INCLUDING THE
PETITIONERS BUILDING WHERE OBJECTION HAS BEEN RAISED.
EXHIBIT P4 TRUE COPY OF THE SITE ELEVATION CERTIFICATE DATED
20.11.2006 ISSUED BY THE ASSISTANT ENGINEER, PWD
BUILDINGS THIRUVANANTHAPURAM.
EXHIBIT P5 TRUE COPY OF THE CIRCULR NO.31019/RAI/11/ DATED
22.6.2011 ISSUED BY THE LOCAL SELF -GOVERNMENT
DEPARTMENT OF THE GOVERNMENT OF KERALA.
EXHIBIT P6 TRUE COPY OF THE LETTER NO. AAI/20012/150/82012-ARI
(NOC) DATED 23.7.2014 ISSUED BY THE AIR PORT AUTHORITY
OF INDIA AUTHORIZING THE REGIONAL EXECUTIVE DIRECTOR TO
ISSUE NOC FOR HEERA CONSTRUCTIONS.
EXHIBIT P7 TRUE COPY OF THE LETTER NO.AAI/20012/201/2014-ARI (NOC)
DATED 8.4.2016 ISSUED BY THE AIR PORT AUTHORITY OF
INDIA AUTHORIZING THE REGIONAL EXEUCTIVE DIRECTOR TO
ISSUE NOC FOR THE ABOVE BUILDING OF M/S SREE DHANYA
HOMES PVT LTD.
EXHIBIT P8 TRUE COPY OF THE G.O MS NO.51/2016 DATED 4.3.2016
ISSUED BY THE 5TH RESPONDENT GOVERNMENT.
EXHIBIT P9 TRUE COPY OF THE ORDER NO.5073399/R.A 2/2016/LSGI DATED
13.4.2016 ISSUED BY THE FIFTH RESPONDENT.
