A.J.Varghese vs The Thrissur Corporation
2024 Latest Caselaw 30444 Ker

Kerala High Court

A.J.Varghese vs The Thrissur Corporation on 25 October, 2024

WP(C) No.29286/2016                        1/3                         Order Date : 25-10-2024

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
                Friday, the 25th day of October 2024 / 3rd Karthika, 1946

                                 WP(C) NO. 29286 OF 2016

   PETITIONER:

          A.J.VARGHESE, AGED 43 YEARS, S/O.A V JOSE, AGED 43 YEARS, RESIDING
          AT ALUKKA HOUSE, ARISTO ROAD, THRISSUR

   RESPONDENTS:

      1. THE THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION
         OFFICE, THRISSUR-680001,
      2. THE TOWN PLANNING OFFICER, OFFICE OF THE DISTRICT TOWN PLANNER,
         THRISSUR-680001.
      3. THE ASSISTANT ENGINEER, THRISSUR CORPORATION, ZONAL OFFICE, OLLUR,
         THRISSUR-680306.
      4. DISTRICT TOWN PLANNER, THRISSUR.


        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 to the 1st respondent Corporation to
   renew Ext.P1 building permit and issue an occupancy certificate to Towewr
   No.2 also constructed by the petitioner,pending disposal of the writ
   petition.(civil).


        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. T.C.SURESH MENON, P.S.APPU & A.R.NIMOD, Advocates for the petitioner,
   M/S. V.N.HARIDAS, GOVERNMENT PLEADER, SHRI. SANTHOSH P.PODUVAL, STANDING
   COUNSEL,THRISSUR CORPORATION for R1 and of GOVERNMENT PLEADER for R2, the
   court passed the following:
 WP(C) No.29286/2016                     2/3                      Order Date : 25-10-2024




                             HARISANKAR V. MENON, J.
                      ------------------------------
                              W.P.(C) No.29286 of 2016
                      ------------------------------
                       Dated this the 25th day of October, 2024

                                       ORDER

The learned Government Pleader to get instructions from

the 4th respondent, since the learned Standing Counsel for the

respondent Corporation points out that they have acted only on

the basis of the directions from the Chief Town Planner.

Post on 05.11.2024.

Sd/-

HARISANKAR V. MENON JUDGE anm WP(C) No.29286/2016 3/3 Order Date : 25-10-2024

APPENDIX OF WP(C) 29286/2016 EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE IST RESPONDENT CORPORATION DTD 19/3/2010 EXHIBIT P2 TRUE COPY OF THE ORDER IN APPEAL NO 384/2013 ON THE FILE OF THE COURT OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE IST RESPONDENT CORPORATION DTD 17/3/2014 EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN WPC NO 11947/2014 ON THE FILE OF THIS HONOURABLE COURT DTD 6/5/2014 EXHIBIT P5 TRUE COPY OF THE ORDER PASSED BY THE REPONDENT CORPORATION DTD 8/10/2014 EXHIBIT P6 TRUE COPY OF THE COMMON JUDGMENT IN WPC NOS NO 11947/2014 & 27773/2014 ON THE FILE OF THIS HONOURABLE COURT DTD 22/7/2015.

EXHIBIT P7 TRUE COPY OF THE NOTICE ISSUED BY THE IST RESPONDENT DTD 10/8/2016 EXHIBIT P8 TRUE COPY OF GO(K.DIS)NO 167/2014/LSGD DTD 27/9/2014.