Court held writ petition closed as stop memo issued against petitioner lost relevance once the building permit's validity expired.
Writ petition was closed.
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 ANTONY DOMINIC
MONDAY, THE 23RD DAY OF JULY 2012/1ST SRAVANA 1934
WP(C).No. 6273 of 2005 (V)
PETITIONER(S):
SHAIJU, MADHAVAMANGALATHU VEEDU, MANATHITTA MURI, MUTTATHARA VILLAGE THIRUVALLAM P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.D.KISHORE
RESPONDENT(S):
BY ADV. SRI.N.NANDAKUMARA MENON,SC,TVM CORPN. BY ADV. SRI.G.SUDHEER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).6273/05
APPENDIX
EXHIBITS
P1TRUE COPY OF THE BUILDING PERMIT DATED 10.11.04 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
P2TRUE COPY OF THE APPROVED PLAN ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
P3TRUE COPY OF THE ORDER OF INJUNCTION IN I.A.10603/03 IN O.S.1849 OF 2003 OF MUNSIFF COUSRT, THIRUVANANTHAPURAM
P4TRUE COPY OF THE STOP MEMO NO.2T/TP/385/05 DATED 10.2.05 ISSUED BY THE 3RD RESPONDENT
P5TRUE COPY OF THE EXPLANATION DATED 14.2.05 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT
P6TRUE COPY OF THE LOCATION SKETCH SHOWING THE LIE OF PETITIONER'S PROPERTY.
/true copy/ PA To Judge
mrcs
ANTONY DOMINIC, J
........................................ W.P.(C).6273/2005
.............................................. Dated this the 23rd day of July, 2012
JUDGMENT
The writ petition was filed challenging Ext.P4, a stop memo issued by the first respondent. By the stop memo, petitioner was prevented from proceeding with the construction on the strength of Ext.P1 building permit. Ext.P1 building permit itself shows that it was valid till 9.11.2007. If that be so, stop memo has lost its relevance, since the period of the permit itself has been expired.
The writ petition is therefore closed.
Sd/- ANTONY DOMINIC, JUDGE
mrcs
/true copy/ PA To Judge
Shaiju
The Corporation of Thiruvananthapuram
The Secretary, Corporation of Thiruvananthapuram
The Town Planning Officer, Corporation of Thiruvananthapuram
H. Vijayakumari
Anton Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
