Partly allowed

A J John v. the Thrissur Corporation and Another

Kerala HC2 Feb 2015WP(C)/562/2015

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition applying the ratio from an Appendix I judgment (Ext.P5). The Court set aside an order refusing building permission and directed the Corporation to consider the application afresh after physical verification, adhering to a one-month timeline.

What did the court decide?

Ext.P3 set aside; 1st respondent directed to consider building permission afresh after physical verification, passing orders within one month.

A J John Vs the Thrissur Corporation and Another — Municipal and Town Planning | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

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MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936

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WP(C).No. 562 of 2015 (U)

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PETITIONER:

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A J JOHN, AGED 39 YEARS, S/O.ALUKKA JOSE, RESIDING AT PUTHUSSERY HOUSE, EAST FORT, CHELAKKOTTUKKARA, THRISSUR DISTRICT.

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BY ADVS.SRI.T.C.SURESH MENON SRI.P.S.APPU

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RESPONDENTS:

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THE THRISSUR CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR-680 001.

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THE EXECUTIVE ENGINEER

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THRISSUR CORPORATION THRISSUR-680 001.

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R1-R2 BY ADV. SRI.K.P.VIJAYAN, SC,THRISSUR CORPORATION R1-R2 BY ADV. SRI.V.N.HARIDAS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 562 of 2015 (U)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1.TRUE COPY OF THE TAX RECEIPT DATED 21/4/2014 ISSUED BY THE VILLAGE OFFICE, CHIYYARAM.

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EXT.P2.TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICE, CHIYYARAM TO THE PETITIONER DATED 27/12/2014.

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EXT.P3.TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 19/12/2014.

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EXT.P3(e).TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P3.

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EXT.P4.TRUE COPY OF THE PHOTOGRAPHS DEPICTING THE LIE OF THE PETITIONER'S PROPERTY DATED NIL.

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EXT.P5.TRUE COPY OF THE JUDGMENT IN WPC NO.18776/2014 ON THE FILE OF THIS HONOURABLE COURT DATED 22/7/2014.

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RESPONDENTS' EXHIBITS : NIL

/True Copy/

P.A to Judge.

DAMA SESHADRI NAIDU, J.

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---------------------------------W.P. (C) No. 562 of 2015 (U)

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Dated this the 2^nd day of February, 2015.

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JUDGMENT

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In the light of the ratio laid down in Ext.P5 judgment, this Court disposes of the writ petition on the same lines applying the ratio laid down by the learned single Judge in the said judgment, thereby setting aside Ext.P3.

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Consequently, the 1^st respondent is directed to consider the petitioner's application for building permission afresh, if necessary, by referring the matter to the District Town Planner, after subjecting the land in question to physical verification, and thereafter pass appropriate orders thereon, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment.

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sd/- DAMA SESHADRI NAIDU, JUDGE.

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W.P.(C) No.19225/2014 -2-

A J John v. the Thrissur Corporation and Another

Case brief

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A J John v. the Thrissur Corporation and Another

Case brief

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