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Kerala High Court
Trichur Tennis Trust vs The State Of Kerala on 20 January, 2026
W.P.(C) No.22532 of 2021 1
2026:KER:4687
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947
WP(C) NO. 22532 OF 2021
PETITIONER:
TRICHUR TENNIS TRUST
REGISTERED SOCIETY, REPRESENTED BY ITS SECRETARY,
ADVOCATE ROBSON PAUL, AGED 55, S/O. PAUL,
HAVING ITS REGISTERED OFFICE AT KINATTINGAL
TENNIS AND SPORTS ACADEMY, P. O. PUNKUNNAM,
PUZHAKKAL, THRISSUR DISTRICT - 680 002.
BY ADV SHRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM DISTRICT - 695 001.
2 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION, AYYANTHOLE P. O.,
THRISSUR DISTRICT - 680 003.
3 THE THRISSUR MUNICIPAL CORPORATION
REPRESENTED BY ITS SECRETARY, M. O. ROAD,
THRISSUR DISTRICT - 680 001.
4 THE ASSISTANT ENGINEER
THRISSUR CORPORATION OFFICE, M. O. ROAD,
THRISSUR DISTRICT - 680 001.
BY ADV SHRI. SANTHOSH P.PODUVAL, SC, THRISSUR
W.P.(C) No.22532 of 2021 2
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CORPORATION
OTHER PRESENT:
GP- NIMMY JOHNSON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22532 of 2021 3
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VIJU ABRAHAM, J.
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W.P.(C) No.22532 of 2021
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Dated this the 20th day of January, 2026
JUDGMENT
Petitioner has approached this Court challenging Ext.P9, whereby
the application submitted by the petitioner for renovation of the club
house/construction of additional floors was declined stating that KLU
permission has been granted only in respect of 5058 metre square area,
whereas the total area is 63.47 Ares.
2. Petitioner would submit that 1.25 acres owned by the
petitioner is covered by Exts.P2 and P3 KLU permissions and in respect of
the said property petitioner has submitted a building permit application and
has constructed a building and occupancy certificate was issued in respect of
the said building as per Ext.P4 and property tax was also paid in respect of
the same as evident from Ext.P6. Thereafter the petitioner submitted an
application on 26.02.2021 for renovation of the club house/construction of
additional floors, which has now been declined as per Ext.P9.
3. Heard the learned standing counsel for the 3rd respondent
Corporation also.
Admittedly the petitioner has obtained Exts.P2 and P3 KLU
permissions in respect of 1.25 acres of land, on which a building has already
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been constructed. Now the request made by the petitioner is for an additional
construction over the existing building, which is already existing in 1.25 acres
of land covered by Exts.P2 and P3 KLU permissions. If in fact additional
floors is to be constructed to the existing building in the area covered by
Exts.P2 and P3, I find no reason for rejecting the application as per Ext.P9
stating that the application can be considered only if KLU permission is
obtained by the petitioner for 63.47 Ares of land. Accordingly Ext.P9 order is
set aside. There will be a direction to the 3 rd respondent Corporation to
reconsider the building permit application submitted by the petitioner for
renovation of the club house/construction of additional floors strictly in
accordance with the provisions of the Municipality Building Rules. If the
renovation of the club house/construction of the additional floors could be
undertaken in the 1.25 acres of land covered by Exts.P2 and P3 KLU
permissions as per the provisions of the Municipality Building Rules,
necessary permission shall be granted by the 3 rd respondent Corporation
without any delay. The decision as directed above shall be taken within a
period of one month from the date of receipt of a copy of the judgment.
Sd/-
VIJU ABRAHAM
JUDGE
cks
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APPENDIX OF WP(C) NO. 22532 OF 2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF
REGISTRATION ISSUED TO THE PETITIONER
TRUST DATED 28.10.80 BY THE REGISTRAR OF
SOCIETIES, THRISSUR.
Exhibit P2 A TRUE COPY OF THE ORDER PASSED BY THE
RDO, THRISSUR AS ORDER BEARING NO KDIS
852/94 DATED 17.05.94.
Exhibit P3 A TRUE COPY OF THE ORDER PASSED BY THE
RDO, THRISSUR BEARING NO KDIS 1981/94
DATED 29.09.94.
Exhibit P4 A TRUE COPY OF THE OCCUPANCY CERTIFICATE
ISSUED BY THE CORPORATION OF THRISSUR
DATED 14.10.08.
Exhibit P5 A TRUE COPY OF THE OWNERSHIP CERTIFICATE
ISSUED BY THE THRISSUR MUNICIPAL OFFICE
DATED 30.09.20.
Exhibit P6 A TRUE COPY OF THE RECEIPT FOR PAYMENT OF
PROPERTY TAX AND OTHER RECEIVABLE RECEIPT
ISSUED DATED 01.11.20.
Exhibit P7 A TRUE COPY OF THE RECEIPT ISSUED BY THE
THRISSUR MUNICIPAL CORPORATION DATED
12.11.20.
Exhibit P8 A TRUE COPY OF THE RECEIPT ISSUED BY THE
THRISSUR MUNICIPAL CORPORATION DATED
01.03.20.
Exhibit P9 A TRUE COPY OF THE INTIMATION GRANTED BY
THE THRISSUR MUNICIPAL CORPORATION OFFICE
BY THE FOURTH RESPONDENT ON 30.03.21.
Exhibit P10 A TRUE COPY OF THE REPORT AND JUDGMENT OF
THIS HON'BLE COURT, 2020 (4) KHC PAGED
394 DECIDED DATED 21.07.20.
