T.Bhaskaran vs Thalassery Municipality
2024 Latest Caselaw 32377 Ker

Kerala High Court

T.Bhaskaran vs Thalassery Municipality on 8 November, 2024

                                                              2024:KER:83429
WP(C).NO.20160/2024

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                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

     FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                           WP(C) NO. 20160 OF 2024

PETITIONER:

            T.BHASKARAN, AGED 75 YEARS,
            S/O T.KRISHNAN, SANTHIVAN NIRMALAGIRI, KUTHUPARAMBA,
            KANNUR, PIN - 670701.

            BY ADVS. M/S.P.S.ANISHAD, LIMNA BHASKARAN,
            ARCHANA MITHRAN O.K. & AISWARYA K.S.


RESPONDENTS:

     1      THALASSERY MUNICIPALITY,
            THALASSERY, KANNUR DISTRICT, PIN - 670101, REPRESENTED
            BY ITS SECRETARY.

     2      KERALA COASTAL ZONE MANAGEMENT AUTHORITY,
            DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE,4TH
            FLOOR, KSRTC BUS TERMINAL, THAMPANOOR,
            THIRUVANANTHAPURAM, PIN - 695001, REPRESENTED BY ITS
            SECRETARY.

            SRI. PRAKASH M P, SC
            SRI.I.V.PRAMOD, SC


     THIS     WRIT    PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                   2024:KER:83429
WP(C).NO.20160/2024

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                             MOHAMMED NIAS C. P. , J.
                           ============================
                             W. P. (C) No. 20160 of 2024
                           ============================
                      Dated this the 8th day of November, 2024


                                  JUDGMENT

The learned counsel for the petitioner seeks permission to withdraw this

Writ Petition without prejudice to his right to file a fresh writ petition in case a

fresh cause of action arises.

Permission granted. The Writ Petition is dismissed as withdrawn.

Sd/-

MOHAMMED NIAS C. P., JUDGE

MMG 2024:KER:83429

APPENDIX OF WP(C).NO.20160/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE DOCUMENT NO.1795/1982 OF THALASSERY SRO DATED 01.12.1982

EXHIBIT P2 A TRUE COPY OF THE FACTORY CLOSURE CERTIFICATE NO. E-1951/2019 K.DIS DATED 12/06/2019 ISSUED BY THE KOZHIKODE FACTORIES AND BOILERS JOINT DIRECTOR

EXHIBIT P3 A TRUE COPY OF THE RECEIPT OF THE PAYMENT DONE TO THE THALASSERY MUNICIPALITY DATED 12/12/2018

EXHIBIT P4 A TRUE COPY OF THE AGE CERTIFICATE OF BUILDING ISSUED BY THE THALASSERY MUNICIPALITY DATED 31/01/2020

EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE MUNICIPAL COUNCIL, THALASSERY DATED 06/07/2019

EXHIBIT P6 A TRUE COPY OF ROOF CHANGING PLAN AND ELEVATION SANCTIONED BY THE THALASSERY MUNICIPALITY

EXHIBIT P7 A TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE MUNICIPAL COUNCIL THALASSERY DATED 27.11.2019

EXHIBIT P8 A TRUE COPY OF THE SITE APPROVED PLAN, ELEVATION AND THE BUILDING PERMIT ISSUED BY THE MUNICIPAL OFFICE THALASSERY DATED 16.10.2020

EXHIBIT P9 A TRUE COPY OF THE LETTER DATED 23.11.2022 ISSUED FROM THE 2ND RESPONDENT

EXHIBIT P10 TRUE COPY THE LETTER FROM THE KERALA COASTAL ZONE MANAGEMENT AUTHORITY DATED 04/07/2023 2024:KER:83429

EXHIBIT P11 A TRUE COPY OF THE LETTER DATED 20.02.2024

EXHIBIT P12 A TRUE COPY OF THE LETTER DATED 08.05.2024 ISSUED BY THE 2ND RESPONDENT