Kerala High Court
Grandeur Westend Palace Flat Owners ... vs The Kochi Municipal Corporation ... on 25 September, 2024
WP(C) NO. 22525 OF 2024 1
2024:KER:72149
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 22525 OF 2024
PETITIONER:
GRANDEUR WESTEND PALACE FLAT OWNERS ASSOCIATION
REPRESENTED BY ITS SECRETARY AJITHKUMAR N. P.,
AGED 48 YEARS
S/O. P. P. KRIAHNAPILLAI,FLAT NO. J, GRANDEUR WESTEND
PALACE, POONITHURA P. O. , ERNAKULAM, PIN - 682038
BY ADVS.
N.SATHEESH
PRIYA CAROL
RESPONDENTS:
1 THE KOCHI MUNICIPAL CORPORATION REPRESENTED BY ITS
SECRETARY,
OFFICE OF THE KOCHI MUNICIPAL CORPORATION, P. B. NO.
1016, PARK AVENUE ROAD, ERNAKULAM, PIN - 682011
2 THE SECRETARY, KOCHI MUNICIPAL CORPORATION,
OFFICE OF THE KOCHI MUNICIPAL CORPORATION, P. B. NO.
1016, PARK AVENUE ROAD, ERNAKULAM, PIN - 682011
3 THE ASSISTANT EXECUTIVE ENGINEER,
THE KOCHI MUNICIPAL CORPORATION, VYTILLA ZONAL OFFICE
(ENGINEERING AND TOWN PLANNING), VYTILLA, PIN - 682019
4 THE ASSISTANT ENGINEER,
THE KOCHI MUNICIPAL CORPORATION, VYTILLA ZONAL OFFICE
(ENGINEERING AND TOWN PLANNING), VYTILLA, PIN - 682019
5 LAKSHMI L. NARASIMHAN,
(AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER),FLAT NO. B2, GRANDEUR WESTEND PALACE
WP(C) NO. 22525 OF 2024 2
2024:KER:72149
POONITHURA P. O. , ERNAKULAM, PIN - 682038
R1 & R4 BY SRI.K.JANARDHANA SHENOY, STANDING COUNSEL
BY ADVS.
K B ARUNKUMAR
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
MANU SRINATH(D/1420/2014)
NIMESH THOMAS(K/1324/2018)
LIJO JOHN THAMPY(K/1313/2018)
SAURAV VINOD(K/003794/2023)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22525 OF 2024 3
2024:KER:72149
JUDGMENT
This writ petition is filed seeking the following prayers:-
a) Declare that Ext. P4 is illegal and issued in violation to the provisions u/s
406 of the Kerala Municipality Act, 1994
b) Issue a writ in the nature of certiorari to quash Ext.P4 order of the second
respondent
c) Issue a writ in the nature of mandamus directing the respondents not to
proceed with proceedings in furtherance of Ext.P4
d) To call for records leading to Ext.P4 and Ext.P6.
e) To dispense with the filing of the translation of vernacular documents
produced as Exhibits in the writ petition.
2. The petitioner submits that the alternate remedy against
the order dated 13.08.2024 was availed and an interim order was also
obtained.
This is recorded. Accordingly, nothing survives for consideration
in this writ petition and the same is closed as infructuous.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DCS
2024:KER:72149
APPENDIX OF WP(C) 22525/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DRAWING DATED 04/04/2006
SHOWING THE FIRE PROTECTION ARRANGEMENT FOR
APARTMENT BUILDING
EXHIBIT P1(A) THE EXPANDED VERSION OF DRAWING OF THE GROUND
FLOOR
EXHIBIT P1(B) THE EXPANDED VERSION OF DRAWING OF THE 1ST
FLOOR
EXHIBIT P1(C) THE EXPANDED VERSION OF DRAWING OF THE 2ND
FLOOR
EXHIBIT P2 TRUE COPY OF NOTICE NO. KRP1/2121/2023 DATED
03/08/2023
EXHIBIT P3 TRUE COPY OF THE REPLY DATED 22/08/2023
SUBMITTED BY THE PETITIONER
EXHIBIT P4 TRUE COPY OF THE FINAL ORDER NO
KRP1/2121/2023 DATED 05/03/2024
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 13/05/2024 BY
THE PETITIONER
EXHIBIT P6 TRUE COPY OF INTIMATION NO. KRP1/2121/23
DATED 03/06/2024 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P7 TRUE COPY OF THE APPLICATION UNDER THE RIGHT
TO INFORMATION ACT SUBMITTED BEFORE THE
PUBLIC INFORMATION OFFICE OF THE VYTILLA
ZONAL OFFICE OF THE 1ST RESPONDENT
CORPORATION ON 28/06/2024
EXHIBIT P8 TRUE COPY OF ACKNOWLEDGEMENT OF RTI
APPLICATION WITH INWARD NUMBER 1738805 ISSUED
BY THE 1ST RESPONDENT ON 28/06/2024
EXHIBIT P9 TRUE COPY OF THE REPLY DATED NIL TO EXHIBIT
P6 SUBMITTED TO THE 3RD RESPONDENT
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RESPONDENT EXHIBITS
EXHIBIT R5(A) A TRUE COPY OF EMAIL COMMUNICATION DATED
25/09/2022 SUBMITTED BY PETITIONER TO ALL THE
MEMBERS OF THE PETITIONER ASSOCIATION AND THE
TRAIL EMAILS IN RESPONSE FROM SRI. THARUN
MENON, DR.PRAMILA HARIMOHAN AND SHRI. SAJEEV
AMBADY
EXHIBIT R5(B) A TRUE COPY OF THE ORIGINAL ELEVATION OF
GRANDEUR WESTEND PALACE
EXHIBIT R5(C) A TRUE COPY OF THE PHOTOGRAPH SHOWING THE
ROOF OVER PERGOLA
