Writ petition challenging orders regarding building permission and demolition was disposed of by the Court, observing that the Corporation had already approved the construction, rendering the impugned orders surveillance-less. Petitioner retained liberty to approach the Court for future notices.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.M. SHAFFIQUE
THURSDAY, THE 8TH DAY OF NOVEMBER 2012/17TH KARTHIKA 1934
WP(C). No. 15318 of 2004 (W)
PETITIONER:
A. YESODHARAN, SOUPARNIKA, S.R.A.180, POONTHI ROAD, KUMARAPURAM, MEDICAL COLLEGE.P.O. THIRUVANANTHAPURAM.
BY ADV. SRI. PIRAPPANCODE V.S. SUDHIR
RESPONDENTS:
1. THE CORPORATION OF THIRUVANANTHAPURAM,
2. THE THIRUVANANTHAPURAM DEVELOPMENT
R1 BY ADV. SRI. N. NANDAKUMARA MENON, SC, TVM CORPN. R2 BY ADV. SRI. K.A. JALEEL, SC., TRIDA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C). No. 15318 of 2004 (W)
1
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT. P1 | - | COPY OF THE ORDER DATED 10.10.2001 GRANTING PERMIT TO THE PETITIONER. |
|---|---|---|
| EXT. P2 | - | COPY OF THE APPROVED PLAN. |
| EXT. P3 | - | COPY OF THE ORDER GRANTING PERMISSION TO ONE DR. HARIKUMAR. |
| EXT. P4 | - | COPY OF THE APPROVED PLAN |
| EXT. P5 | - | COPY OF THE NOTICE DATED 03.01.2002. |
| EXT. P6 | - | COPY OF THE JUDGMENT DATED 15.01.2002 OF THIS HON'BLE COURT IN O.P. NO.1677/2001-Y. |
| EXT. P7 | - | COPY OF THE MEMO DATED 02.07.2002 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE RESPONDENTS. |
| EXT. P8 | - | COPY OF THE ORDER NP. TP.18TSL/1453/01 DATED 04.10.2002. |
| EXT. P9 | - | COPY OF THE JUDGMENT DATED 10.10.2002 OF THIS HON'BLE COURT IN O.P. 29541/2002. |
| EXT. P10 | - | COPY OF THE G.P. (RT) N.119/2003/LSGD DATED 28.03.2003. |
| EXT. P11 | - | COPY OF THE FORM OF AGREEMENT EXECUTED BY THE PETITIONER AND BEFORE THE 2ND RESPONDENT. |
| EXT. P12 | - | COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 08.10.2003 IN O.P. 11693/2003. |
| EXT. P13 | - | COPY OF THE ORDER IN R.P. 60/2004 IN O.P. 11693/2003. |
| EXT. P14 | - | COPY OF THE ORDER NO.TP1/4453/01 DATED 26.12.2003 OF THE 1ST RESPONDENT. |
| EXT. P15 | - | COPY OF THE NOTICE NO. TP1/TSC/4453/2001 DATED 05.11.2003. |
| EXT. P16 | - | COPY OF THE ORDER NO. TP1/TSL/4453/01 DATED 19.04.2004 OF THE 1ST RESPONDENT. |
| EXT. P17 | - | COPY OF THE LETTER NO. D2/1255/2001 DATED 17.12.2001 OF THE ASSISTANT EXECUTIVE ENGINEER ROADS SUB DIVISION THIRUVANANTHAPURAM ADDRESSED TO THE CHAIRMAN TOWN PLANNING COMMITTEE, CORPORATION OF THIRUVANANTHAPURAM |
(Contd....)
WP(C). No. 15318 of 2004 (W)
2
| EXT. | P18 - |
COPY OF THE PLAN OF KUMARAPURAM-POONTHI ROAD |
|---|---|---|
| EXT. | P19 - |
COPY OF THE RELEVANT EXTRACT OF THE LETTER NO. KRFB- 20/2002 DATED 10.06.2003 OF THE CHIEF ENGINEER, KERALA ROAD FUND BOARD. |
| EXT. | P20 - |
COPY OF THE SKETCH SHOWING THE PORTION THE PETITIONER IS LIABLE TO SURRENDER |
| EXT. | P21 - |
COPY OF THE LETTER NO.81/2971/03/TRIDA DATED 21.06.2004 OF THE 1ST RESPONDENT |
RESPONDENTS' EXHIBITS:- NIL
//TRUE COPY//
P.A. TO JUDGE
sp
A.M.SHAFFIQUE, J.
W.P.(C) No. 15318 of 2004 - W
--------------------------------------------------Dated this the 8th day of November, 2012
J U D G M E N T
The petitioner filed this writ petition at the time when steps were taken by the Corporation for demolition of the building constructed by the petitioner. Exts.P14 and P16 orders were under challenge, During the pendency of the writ petition, it seems that the Corporation had already numbered the building as the construction had been completed. In that view of the matter, I do not think that anything survives to be considered in this writ petition as the Corporation by themselves have approved the construction.
With the above observations, the writ petition is disposed of.
A.M.SHAFFIQUE, JUDGE.
rka
A. YESODHARAN
THE CORPORATION OF THIRUVANANTHAPURAM
THE THIRUVANANTHAPURAM DEVELOPMENT AUTHORITY
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
