Kerala High Court
M/S. T.V. Sundram Iyengar & Sons Ltd vs The Kottayam Municipality on 11 August, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 14051 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
WP(C) NO. 14051 OF 2025
PETITIONER/S:
M/S. T.V. SUNDRAM IYENGAR & SONS LTD.,
NATTAKOM, KOTTAYAM, REPRESENTED BY THE AUTHORISED
SIGNATORY & THE DEPUTY GENERAL MANAGER (LEGAL), M/S.
T.V. SUDARAM IYENGAR & SONS LTD., SRI. V.K. SIJU
KRISHNAN, S/O. P. KRISHNAN NAIR, AGED 54 YEARS, DEPUTY
GENERAL MANAGER (LEGAL), RESIDING AT ‘KRISHNA
KRIPA',FLAT NO. 3, REETHA APARTMENTS, EDAPPILLY,
COCHIN, PIN - 682024
BY ADVS.
SHRI.VIVEK MENON
SHRI.RANCE R.
RESPONDENT/S:
1 THE KOTTAYAM MUNICIPALITY,MUNICIPAL BUILDINGS,
KOTTAYAM, REPRESENTED BY ITS SECRETARY, PIN - 686001
2 THE SECRETARY,THE KOTTAYAM MUNICIPALITY, MUNICIPAL
BUILDINGS, KOTTAYAM, PIN - 686001
3 THE EXECUTIVE ENGINEER,LOCAL SELF GOVERNMENT
DEPARTMENT,KOTTAYAM MUNICIPALITY, MUNICIPAL BUILDINGS,
KOTTAYAM, PIN - 686001
BY ADV SRI.AJIT JOY
SR.GP SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.S.DIAS, J.
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WP(C) No. 14051 OF 2025
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Dated this the 11th day of August, 2025
JUDGMENT
The petitioner is a public limited company and the
owner of properties covered under Ext.P1 sale deed and
situated within the territorial limits of the 1 st respondent
Municipality. Based on Ext.P10 building permit issued by the
2nd respondent, the petitioner constructed a building with a
lesser plinth area. The validity of Ext.P10 permit expired in
2020. Accordingly, the petitioner submitted Ext.P12
application to renew the building permit. As the petitioner had
made a slight modification in the building plan, by increasing
the height of one of the buildings, the 2 nd respondent directed
the petitioner to produce No Objection Certificates from the
statutory authorities. Subsequently, the 2nd respondent again
issued a notice to the petitioner to rectify the defects as
pointed out by Ext.P14 notice. In the above background, the
petitioner has submitted Ext.P16 letter to the 2 nd respondent
on 29.11.2023, requesting to renew the original building
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permit. However, the same has not been considered till date.
Hence, the writ petition.
2. Heard; the learned Senior Counsel for the petitioner
and the learned Standing Counsel for the respondents.
On a consideration of the facts and materials on
record, especially that Ext.P16 letter is pending consideration
before the 2nd respondent since 29.11.2023, without
expressing anything on the merits of the matter, I dispose of
the writ petition by directing the 2nd respondent to consider
and dispose of Ext.P16 letter, in accordance with law, and as
expeditiously as possible, at any rate, within 60 days from the
date of production of a copy of this judgment, after affording
the petitioner an opportunity of being heard. It would be upto
the petitioner to produce a copy of the writ petition along with
a copy of the judgment.
The writ petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE
rkc/11.08.25
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APPENDIX OF WP(C) 14051/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE SALE DEED NO. 1433/2005
DATED 30.03.2005 OF S.R.O., KOTTAYAM
Exhibit P2 TRUE PHOTOCOPY OF THE ORDER BEARING NO.
11540/04/RDIS. DATED 24.03.2004 OF THE
REVENUE DIVISIONAL OFFICER, KOTTAYAM. WITH
TYPED COPY
Exhibit P3 TRUE PHOTOCOPY OF THE LOCATION SKETCH OF THE
PROPERTY.
Exhibit P4 TRUE PHOTOCOPY OF THE APPLICATION DATED
28.11.2013 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
Exhibit P5 TRUE PHOTOCOPY OF THE ORDER BEARING NO. NBA-
233/2013-14 DATED 07.12.2013 ISSUED BY THE
3RD RESPONDENT.
Exhibit P6 TRUE PHOTOCOPY OF THE JUDGMENT DATED
24.07.2014 IN W.P.(C) NO. 14929/2014 OF THIS
HON'BLE COURT.
Exhibit P7 TRUE PHOTOCOPY OF THE ORDER BEARING NO.NBA-
233/13-14 DATED 02.02.2015 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P8 TRUE PHOTOCOPY OF THE JUDGMENT DATED
10.06.2015 IN W.P.(C)NO. 6870 OF 2015
Exhibit P9 TRUE PHOTOCOPY OF THE JUDGMENT DATED
27.09.2016 IN W.A.NO. 1120 OF 2016
Exhibit P10 TRUE PHOTOCOPY OF THE BUILDING PERMIT VIDE
BEARING NO. NBA/233/13-14 DATED 02.03.2017
ISSUED BY THE MUNICIPALITY
Exhibit P11 TRUE PHOTOCOPY OF THE APPROVED BUILDING PLAN.
Exhibit P12 TRUE PHOTOCOPY OF THE APPLICATION FOR
BUILDING PERMIT RENEWAL DATED 14.09.2020
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P13 TRUE PHOTOCOPY OF THE ACKNOWLEDGEMENT RECEIPT
DATED 15.09.2020 ISSUED BY THE OFFICE OF THE
2ND RESPONDENT.
Exhibit P14 TRUE PHOTOCOPY OF THE NOTICE BEARING NO. NPA
233/13-14 DATED 09.11.2021 ISSUED BY THE
SECRETARY OF THE 2ND RESPONDENT
Exhibit P15 TRUE PHOTOCOPY OF THE CONSENT TO
ESTABLISHMENT ISSUED BY THE POLLUTION CONTROL
BOARD ON 27.07.2022.
Exhibit P15(a) TRUE PHOTOCOPY OF THE NOC ISSUED BY THE
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DEPARTMENT OF FIRE & RESCUE SERVICES,
GOVERNMENT OF KERALA DATED 24.09.2022
Exhibit P16 TRUE PHOTOCOPY OF THE LETTER OF THE
PETITIONER DATED 29.11.2023 TO THE SECRETARY
OF THE 2ND RESPONDENT.
