Kerala High Court
Babu Kuriakose vs Kothamangalam Municipality on 8 November, 2024
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WP(C) No.833 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 833 OF 2020
PETITIONERS:
1 BABU KURIAKOSE, AGED 61 YEARS
S/O. K.A. KURIAKOSE, KAKKOZHAYIL HOUSE,
KUTHKUZHI KARAYIL, KOTHAMANGALAM VILLAGE,
KOTHAMANGALAM TALUK, PIN-686 691
2 SMT. ANI BABU, AGED 56 YEARS
W/O. BABU KURIAKOSE, KAKKOZHAYIL HOUSE,
KUTHKUZHI KARAYIL, KOTHAMANGALAM VILLAGE,
KOTHAMANGALAM TALUK, PIN-686 691
BY ADVS. SMT.S.SANDHYA
SRI.SHALU VARGHESE
SRI.S.DEEPAK
RESPONDENTS:
1 KOTHAMANGALAM MUNICIPALITY
KOTHAMANGALAM TALUK, ERNAKULAM DISTRIC,
KOTHAMANGALAM P.O, PIN-686 691, REP. BY ITS
SECRETARY.
2 THE TAHASILDAR, KOTHAMANGALAM TALUK OFFICE,
KOTHAMANGALAM P.O, PIN-686 691
3 THE VILLAGE OFFICER, KOTHAMANGALAM VILLAGE,
KOTHAMANGALAM P.O, PIN-686 691
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WP(C) No.833 of 2020
4 THA TALUK SURVEYOR, KOTHAMANGALAM TALUK OFFICE,
KOTHAMANGALAM P.O, PIN-686 691
5 THE REVENUE DIVISIONAL OFFICER (RDO)
MUVATTUPUZHA, RDO'S OFFICE, PIN-686 661
BY ADV SHRI.JOICE GEORGE, SC, KOTHAMANGALAM
MUNICIPALITY
R2 TO R5 - SRI.RIYAL DEVASSY,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.833 of 2020
JUDGMENT
Dated this the 8th day of November, 2024
The writ petition is preferred being aggrieved by the
issuance of Ext.P5 notice by the 1st respondent Municipality
directing the petitioners to correct the errors occurred in the
building plan as well as to produce the possession certificate
which shows the nature of property as dry land.
2. Going by the contentions raised in this writ
petition, it appears that already by Ext.P2 order, the Revenue
Divisional Officer has permitted the conversion of tenure of
land in the revenue records. What remains is the defect
pointed out by the Municipality with respect to the errors
occurred in the measurement in the plan. That aspect has to
be dealt by the 1st respondent Municipality.
3. Under such circumstances, I direct the petitioners
to approach the 1st respondent Municipality to correct the
defects pointed out by the Municipality. In that event, the 1 st
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respondent has to consider Ext.P6 building plan and take
necessary steps to issue building permit.
With the above observations, this writ petition is
disposed of.
Sd/-
P.M.MANOJ
JUDGE
das
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APPENDIX OF WP(C) 833/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE PHOTO COPY OF THE LAND TAX
PAID RECEIPT DT. 13.06.2019 IN
THANDAPER NO. 29336 OF KOTHAMANGALAM
VILLAGE ISSUED BY 3RD RESPONDENT IN
FAVOUR OF THE PETITIONERS WITH ITS
TRUE ENGLISH TRANSLATION.
EXHIBIT P2 THE TRUE PHOTOCOPY OF THE ORDER DATED
08.11.2019 BEARING NO. A11-
1212/19/R.DIS PASSED BY THE 5TH
RESPONDENT, PERMITTING CHANGE OF
NATURE OF LAND OF THE PROPERTY ALONG
WITH ITS TRUE ENGLISH TRANSLATION.
EXHIBIT P3 THE TRUE PHOTOSTAT COPY OF THE FEES
PAID RECEIPT DT. 26.11.2019 ISSUED BY
THE 1ST RESPONDENT TO THE PETITIONERS.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE APPLICATION
DATED 20.12.2019 SUBMITTED BY THE 1ST
PETITIONER TO THE 1ST RESPONDENT UNDER
RIGHT TO INFORMATION ACT 2005 WITH ITS
TRUE ENGLISH TRANSLATION.
EXHIBIT P5 THE TRUE PHOTOSTAT COPY OF THE NOTICE
DATED 20.12.2019 BEARING NO. PW4-
145/19 -20 ISSUED BY THE ASSISTANT
ENGINEER, UNDER THE 1ST RESPONDENT TO
THE PETITIONERS ALONG WITH ITS TRUE
ENGLISH TRANSLATION.
EXHIBIT P6 THE TRUE PHOTOSTAT COPY OF THE
PROPOSED PLAN OF RESIDENTIAL BUILDING
SUBMITTED BY THE PETITIONERS TO THE
1ST RESPONDENT AFTER RECEIPT OF
EXHIBIT P5.
