Disposes writ petition seeking mandate to withdraw notice and permit completion of compound wall. Notes building permit expired on 1.2.2017, directing petitioner to seek relief elsewhere if permit was renewed.
Writ petition disposed; petitioner to approach appropriate forum if building permit renewed and in force.
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 V.G.ARUN
MONDAY ,THE 17TH DAY OF DECEMBER 2018 / 26TH AGRAHAYANA, 1940
WP(C).No. 37545 of 2016
PETITIONER:
E A JAYAKUMAR
AGED 50 YEARS, S/O. AYYAPPAN PILLAI, VISHNU VIHAR, ELOOR, UDYOGAMANDAL P.O, ERNAKULAM, KOCHI 683 501.
BY ADV. SRI.UNNIKRISHNAN.S.
RESPONDENTS:
1 ELOOR MUNICIPALITY MUNICIPAL BUILDINGS, UDYOGAMANDAL P.O, ERNAKULAM, KOCHI 683 501, REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY ELOOR MUNICIPALITY MUNICIPAL BUILDINGS, UDYOGAMANDAL P.O, ERNAKULAM, KOCHI 683 501.
BY ADV. SRI.K.S.ARUN KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 37545 of 2016
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JUDGMENT
The prayer in this writ petition is for the issue of writ of mandamus directing the respondents to withdraw Ext.P5 notice dated 10.2.2016 and permit the petitioner to complete the construction of his compound wall and gate as per Ext.P4 permit and plan. As per Ext.P5, the 1st respondent Municipality had temporarily revoked the permit issued to the petitioner.
In that view of the matter, I dispose of the writ petition, making it clear that the petitioner would be entitled to approach the appropriate forum for relief, if any, in case the building permit (Ext.P4) has been renewed and is still in force.
Sd/V.G.ARUN JUDGE
Scl/17.12
WP(C).No. 37545 of 2016
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1. COPY OF THE DOCUMENT NO.4009/2015 OF ALANGAD SRO. EXHIBIT P2. COPY OF THE CERTIFICATE ISSUED BY VILLAGE OFFICER, ELOOR VILLAGE. EXHIBIT P3. COPY OF BASIC TAX RECEIPT ISSUED BY ELOOR VILLAGE.
EXHIBIT P4. COPY OF THE PERMIT AND THE APPROVED PLAN DATED 1.2.16.
EXHIBIT P5. COPY OF THE NOTICE DATED 10.2.16 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.
EXHIBIT P6. COPY OF THE PROCEEDINGS NO.RSE-33/15 DATED 30.9.15 OF ADDITIONAL TAHSILDAR OF NORTH PARAVUR.
EXHIBIT P7. COPY OF THE REPLY DATED 16.2.16 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT MUNICIPALITY.
EXHIBIT P8. COPY OF THE RECEIPT DATED 19.2.16 EVIDENCING THE RECEIPT OF EXHIBIT P2 REPLY.
2 issues framed by the court
Whether the writ petition praying for withdrawal of notice and permission to construct compound wall should be allowed when the building permit expired.
Whether the petitioner remains entitled to approach the appropriate forum for relief if the building permit is renewed.
E A Jayakumar
Eloor Municipality
The Secretary, Eloor Municipality
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
