Kerala High Court
Paul P.C vs State Of Kerala on 15 November, 2024
WP(C) No.40512/2024 1/4 Order Date : 15-11-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Friday, the 15th day of November 2024 / 24th Karthika, 1946
WP(C) NO. 40512 OF 2024
PETITIONER:
PAUL P.C, AGED 63 YEARS, S/O CHACKO, PULLAN HOUSE, IRINGOL P.O,
PERUMBAVOOR VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT, PIN -
683548.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE &
HOUSING DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695001.
2. KERALA STATE HOUSING BOARD, HOUSING BOARD OLD BUILDING, 1ST FLOOR,
SANTHI NAGAR, THIRUVANANTHAPURAM (REPRESENTED BY ITS SECRETARY), PIN
- 695001.
3. THE SECRETARY, KERALA STATE HOUSING BOARD, HOUSING BOARD OLD
BUILDING, 1ST FLOOR, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001.
4. THE EXECUTIVE ENGINEER, ERNAKULAM DIVISION OFFICE, KERALA STATE
HOUSING BOARD,REVENUE TOWER BUILDING, PARK AVENUE, KOCHI, PIN -
682011.
5. PERUMBAVOOR MUNICIPALITY, MUNICIPAL OFFICE, PERUMBAVOOR REPRESENTED
BY ITS SECRETARY, PIN- 683542.
6. THE SECRETARY, PERUMBAVOOR MUNICIPALITY, MUNICIPAL OFFICE,
PERUMBAVOOR, PIN - 683542.
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 order staying the operation of exhibit p7 and
all proceedings pursuant thereto, pending disposal 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.P.DEEPAK (SENIOR), RILGIN V.GEORGE, K.T.RAVEENDRAN, AKSHARA K.P.,
ARATHY P.S. & RILGIN V.GEORGE, Advocates for the petitioner, the court
passed the following:
WP(C) No.40512/2024 2/4 Order Date : 15-11-2024
MOHAMMED NIAS C. P. , J.
============================================
W. P. (C) No. 40512 of 2024
============================================
Dated this the 15th day of November, 2024
ORDER
The learned Government Pleader appears for the
1st respondent. Sri.P.A.Ayub Khan, learned Standing Counsel, takes
notice for respondents 2 to 4. Sri.Mathew B.Kurian, learned Standing
Counsel, takes notice for respondents 5 and 6. There will be a
direction to respondents 2 to 4 to file a statement.
2. In view of the judgment of this Court in WP(C). No.
19259/2024 (Ext.P8) upholding the contention of the Kerala State
Housing Board which restricted the purchasers of plots/buildings in
a residential scheme formulated by the Board from using the same
for any purpose other than residential purposes and directing the
local authority to cancel all the permissions and licences granted to
the owners of the residential buildings who were using such
buildings for commercial/business purposes and not to issue any
further permissions and licences in future for the conversion of
residential buildings, I am not inclined to grant the interim relief
WP(C) No.40512/2024 3/4 Order Date : 15-11-2024
..2..
sought for, more so when it is not in dispute that the petitioner's
building comes within the very same housing scheme.
Post after the pleadings are complete.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
WP(C) No.40512/2024 4/4 Order Date : 15-11-2024
APPENDIX OF WP(C) 40512/2024
Exhibit P1 A TRUE COPY OF THE TRADE LICENSE VALID TILL 05.07.2026
Exhibit P2 A TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED
01.12.2022
Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT DATED 23.09.2024
Exhibit P4 A TRUE COPY OF THE SALE DEED DATED 16.06.2022 (SALE
DEED NO: 2657 OF 2022 OF PERUMBAVOOR S.R.O)
Exhibit P5 A TRUE COPY OF THE BUILDING PERMIT ISSUED ON 19.11.2020
Exhibit P6 A TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED
23.05.2022
Exhibit P7 A TRUE COPY OF ORDER NO: 2209518-2024 DATED 23.10.2024
OF THE 6TH RESPONDENT
Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 02.09.2024 IN WPC NO:
19259 OF 2022
Exhibit P9 A TRUE COPY OF THE SALE DEED DATED 25.03.1995
Exhibit P10 A PHOTOGRAPH OF THE SUBJECT BUILDING
Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED 29.10.2024
