Muralichand, v. Thiruvananthapuram Corporation
Case brief
What is this about?
The High Court disposed of a writ appeal preferring a decision refusing to entertain a petition against refusal of a building permit. The Court directed the Corporation to decide the case under Section 67 of the Town and Country Planning Act issued by the petitioner. The Court did not substitute the impugned judgment.
What did the court decide?
Direction to respondents to take appropriate decision under Section 67 of the Town and Country Planning Act, 2016 and communicate within two weeks.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 14TH DAY OF NOVEMBER 2019/23RD KARTHIKA, 1941
WA.No.1707 OF 2019
AGAINST THE JUDGMENT IN WP(C) 2912/2019(L) OF HIGH COURT OF KERALA DATED 25.3.2019
APPELLANT/PETITIONER:
MURALICHAND, AGED 29 YEARS, S/O. SARATHCHANDRAN NAIR, RESIDING AT CHANDRAMANGALAM, T.C. NO.7/1385-1, VETTAMUKKU, THIRUVANANTHAPURAM, REPRESENTED BY HIS FATHER AND POWER OF ATTORNEY HOLDER, SRI. SARATHCHANDRAN NAIR, T.C. NO.7/1385-1, VETTAMUKKU, THIRUVANANTHAPURAM -695006.
BY ADVS. SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.MANU VYASAN PETER
Issues for consideration
2 issues framed by the court
Whether the High Court should direct the Corporation to decide the application under Section 67 of the Town and Country Planning Act after the issuance of the statutory notice.
Whether the availability of an alternate remedy under the Kerala Municipality Act was a valid ground to refuse entertainment of the lower writ petition.
Parties & counsel
- appellant
Muralichand
- respondent
Thiruvananthapuram Corporation
- respondent
The Secretary, Thiruvananthapuram Corporation
Coram
Case details
As recorded by the court registry
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