Narayanan Namboothiripad vs Secretary
2024 Latest Caselaw 27859 Ker

Kerala High Court

Narayanan Namboothiripad vs Secretary on 13 September, 2024

                                                          2024:KER:70287

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                       WP(C) NO. 29851 OF 2024

PETITIONERS:

    1     NARAYANAN NAMBOOTHIRIPAD,
          AGED 66 YEARS
          CHENNAMANGALATH ILLAM, CHERANALLOOR P.O., ERNAKULAM
          DISTRICT,, PIN - 682027
    2     M.D. JAYANTHAN NAMBOOTHIRIPAD,
          AGED 62 YEARS
          MANAGING DIRECTOR, M/S. VEDAPURI LOTUS PROPERTIES PVT.
          LTD., 3RD FLOOR, LOTUS CITY CENTRE, STATUE JUNCTION,
          TRIPUNITHURA, ERNAKULAM,, PIN - 682301

          BY ADVS.
          P.VIJAYAKUMAR
          C.R.REGHUNATHAN
          B.HARRYLAL
RESPONDENTS:


    1     SECRETARY,
          TRIPUNITHURA MUNICIPALITY, TRIPUNITHURA P.O. ERNAKULAM,
          PIN - 682301

    2     CHIEF TOWN PLANNER
          SWARAJ BHAVAN, NALANDA LANE, NANTHANCODU,
          THIRUVANANTHAPURAM,, PIN - 695003


          BY ADV K.S.ARUN KUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29851 OF 2024            2




                                                        2024:KER:70287




                          MOHAMMED NIAS C. P. , J.
               =====================
                   W. P. (C) No. 29851 of 2024
         =============================
           Dated this the 13th day of September, 2024

                              JUDGMENT

The petitioner submits that he had filed Ext.P2 application

seeking a building permit before the first respondent on 22.6.2023

and the learned counsel for the petitioner submitted that no

decision has been taken on the same so far.

2. Accordingly, there will be a direction to the first

respondent to consider Ext.P2 application and take a final decision

on the same within three weeks from today. In case, any

clarification is required from the petitioner or any defect is to be

cured by the petitioner, the same shall be intimated to the

petitioner through a notice within ten days. Final decision on the

application permit shall be taken within three weeks from today.

This writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C. P. , JUDGE Pvv

2024:KER:70287

APPENDIX OF WP(C) 29851/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 10.02.2023

EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT PAGES OF BUILDING PERMIT APPLICATION NO. PW2/BA-75/23-24 DATED 26.06.2023 BEFORE THE 1ST RESPONDENT

EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS DATED 25.05.2024 ISSUED BY 2ND RESPONDENT GIVING CONCURRENT APPROVAL FOR BUILDING PERMIT

EXHIBIT P4 TRUE COPY OF THE NOC DATED 26.06.2024 OBTAINED FROM DEPARTMENT OF FIRE AND RESCUE SERVICES THROUGH THE REGIONAL OFFICE AT ERNAKULAM

EXHIBIT P5 TRUE COPY OF THE CONSENT DATED 12.06.2024 ISSUED BY THE ENVIRONMENT ENGINEER OF POLLUTION CONTROL BOARD AT ERNAKULAM

EXHIBIT P6 TRUE COPY OF APPLICATION 09.08.2024

EXHIBIT P6(A) TRUE COPY OF THE ACKNOWLEDGMENT RECEIVED BY THE 2ND PETITIONER ON SUBMITTING EXT P6