Disposed

Rajamma Joseph v. State of Kerala

Kerala HC16 Nov 2019WP(C)/12159/2019

Case brief

AI extract

What is this about?

Five writ petitions regarding the regularization of an unauthorized construction and issuance of an occupancy certificate were heard together. The court directed the Municipal Secretary to verify compliance with regularization conditions and must hear parties before deciding on formal regularization, after which the occupier may apply for an occupancy certificate.

What did the court decide?

Directed the Secretary of Kottayam Municipality to hear parties and take a final decision on regularization of the building in compliance with the order dated 25.03.2019.

Rajamma Joseph Vs State of Kerala — Municipal and Town Planning | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941

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WP(C).No.37534 OF 2017(N)

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PETITIONER/S:

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J.G.PALACKALODY AGED 43 YEARS S/O. P. V. JOSEPH, PALACKALODY HOUSE, EARAYILKADAVU, KOTTAYAM-686001.

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BY ADVS. SRI.P.K.SOYUZ SRI.JELSON J.EDAMPADAM

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR, KOTTAYAM KOTTAYAM: 686001.

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2 THE VILLAGE OFFICER MUTTAMBALAM VILLAGE, KOTTAYAM-686004.

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3 KOTTAYAM MUNICIPALITY

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REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, KOTTAYAM P.O., KOTTAYAM, PIN-686001.

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4 THE SECRETARY KOTTAYAM MUNICIPALITY, KOTTAYAM-686001.

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5 CHIEF TOWN PLANNER OFFICE OF THE CHIEF TOWN PLANNER, 3RD FLOOR, SWARAJ BHAVAN, NANTHANCODE,KAUDIYAR P.O., THIRUVANANTHAPURAM-695003.

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6 OOMMEN IYPE ARAKKANATTIL PUTHEN VEEDU, PIRALASSERY P.O., CHENGANNUR:689122,ALAPPUZHA. R1 BY GOVERNMENT PLEADER R1, R6 BY ADV. SRI.V.PHILIP MATHEW R1, R3 BY SRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2019, ALONG WITH WP(C).32413/2018(B), WP(C).33862/2018(G), WP(C).12159/2019(T), WP(C).29972/2019(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.37534 OF 2017

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶21

PRESENT

¶22

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶23

SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941

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WP(C).No.32413 OF 2018(B)

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PETITIONER/S:

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ARAKKANATTIL OOMMEN IYPE AGED 63 YEARS S/O. A.E.OOMMEN ARAKKANATTIL PUTHEN VEEDU PIRALASSERRY P.O., CHENGANNUR ALAPPUZHA DISTRICT

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BY ADV. SRI.V.PHILIP MATHEW

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF DEPARTMENT, (RD) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 DISTRICT TOWN PLANNER KOTTAYAM DISTRCT-686 001

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3 DISTRICT COMMITTEE FOR REGULARISATION OF UN AUTHORISED CONSTRUCTIONS KOTTAYAM, REPRESENTED BY ITS CONVENER, OFFICE OF THE DISTRICT TOWN PLANNER, KOTTAYAM-686 001

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4 REGIONAL JOINT DIRECTOR DEPARTMENT OF URBAN AFFAIRS, OFFICER OF THE KOLLAM MUNICIPAL CORPORATION KOLLAM-691 001

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5 KOTTAYAM MUNICIPALITY REPRESENTED BY ITS SECRETARY, KOTTAYAM-686 001

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6 SECRETARY KOTTAYAM MUNICIPALITY-686 001

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7 CHIEF TOWN PLANNER THIRUVANANTHAURAM-695 003

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WP(C).No.37534 OF 2017

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8 ADDL.R8 J.G PALACKALODY S/O P.V JOSEPH, PALACKALODY HOUSE, EARAYILKADAVU, KOTTAYAM-686001. (ADDL.R8 IMPLEADED AS PER ORDER DATED 01/11/2018 IN IA.01/2018)

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R1-4, R7 BY GOVERNMENT PLEADER R5-6 BY ADV. SRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY R8 BY ADV. SRI.P.K.SOYUZ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2019, ALONG WITH WP(C).37534/2017(N), WP(C).33862/2018(G), WP(C).12159/2019(T), WP(C).29972/2019(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.37534 OF 2017

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶44

PRESENT

¶45

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶46

SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941

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WP(C).No.33862 OF 2018(G)

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PETITIONER/S:

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RAJAMMA JOSEPH AGED 68 YEARS W/O P.V.JOSEPH,PALAKKALODI VEEDU,EARAYILKADAVU , KOTTAYAM -686601

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BY ADV. SRI.PEEYUS A.KOTTAM

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY,LOCAL SELF GOVERNMENT DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM -695001

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2 THE CHIEF TOWN PLANNER THIRUVANANTHAPURAM-695 003

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3 THE DISTRICT TOWN PLANNER KOTTAYAM-686 001

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4 DISTRICT COMMITTEE FOR REGULATIONS OF UNAUTHORISED CONSTRUCTIONS, KOTTAYAM, REPRESENTED BY ITS CONVENOR, OFFICE OF THE DISTRICT TOWN PLANNER, KOTTAYAM-686 001

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5 REGIONAL JOINT DIRECTOR DEPARTMENT OF URBAN AFFAIRS, OFFICE OF THE KOTTAYAM MUNICIPAL CORPORATION, KOTTAYAM-691 001

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6 KOTTAYAM MUNICIPALITY REPRESENTED BY ITS SECRETARY, KOTTAYAM-686 001

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7 ARAKKANATTIL OOMMEN IYPE, AGED 63 YEARS, S/O. A.E.OOMMEN, ARAKKANATTIL PUTHENVEEDU, PIRALASSERY P.O., CHEGANNUR, ALAPPUZHA DISTRICT,PIN-689 122

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WP(C).No.37534 OF 2017

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R6 BY SRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY R7 BY ADV. SRI.V.PHILIP MATHEW

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2019, ALONG WITH WP(C).37534/2017(N), WP(C).32413/2018(B), WP(C).12159/2019(T), WP(C).29972/2019(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.37534 OF 2017

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

¶67

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941

¶69

WP(C).No.12159 OF 2019(T)

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PETITIONER/S:

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RAJAMMA JOSEPH AGED 68 YEARS W/O.P.V.JOSEPH,PALAKKALODI VEEDU, EARAYILKADAVU,KOTTAYAM-686601.

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BY ADV. SRI.PEEYUS A.KOTTAM

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.

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2 PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT,THIRUVANANTHAPURAM-695001.

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3 THE DIRECTOR, LOCAL SELF GOVERNMENT DEPARTMENT,THIRUVANANTHAPURAM-695001.

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4 THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM-695003.

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5 THE DISTRICT TOWN PLANNER, KOTTAYAM-686001.

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6 DISTRICT COMMITTEE FOR REGULARISATION OF UNAUTHORISED CONSTRUCTIONS,

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KOTTAYAM,REPRESENTED BY ITS CONVENOR,OFFICE OF THE DISTRICT TOWN PLANNER,KOTTAYAM-686001.

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7 REGIONAL JOINT DIRECTOR, DEPARTMENT OF URBAN AFFAIRS, OFFICE OF KOTTAYAM MUNICIPAL CORPORATION,KOTTAYAM691001.

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WP(C).No.37534 OF 2017

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8 KOTTAYAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KOTTAYAM-686001.

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9 ARAKKANATTIL OOMMEN IYPE, S/O.A.E.OOMMEN,ARAKKANATTIL PUTHENVEEDU,PIRALASSERY.P.O, CHENGANNUR,ALAPUZHA DISTRICT, PIN-689122.

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R8 BY SRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY

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R9 BY ADV. SRI.V.PHILIP MATHEW R9 BY ADV. SRI.E.RADHAKRISHNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2019, ALONG WITH WP(C).37534/2017(N), WP(C).32413/2018(B), WP(C).33862/2018(G), WP(C).29972/2019(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.37534 OF 2017

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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 DEVAN RAMACHANDRAN

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SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941

¶95

WP(C).No.29972 OF 2019(V)

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PETITIONER/S:

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ARAKKANATTIL OOMMEN IYPE, AGED 63 YEARS S/O. A.E. OOMMEN, ARAKKANATTIL PUTHEN VEEDU, PIRALASSERRY P O, CHENGANNUR, ALAPPUZHA DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER, OBIN MATHEW GEORGE, AMPIYIL PADINJATTETHIL HOUSE, PARAKODE P O, ADOOR, PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.V.PHILIP MATHEW

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RESPONDENT/S:

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1 KOTTAYAM MUNICIPALITY REPRESENTED BY ITS SECRETARY, KOTTAYAM-686001.

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2 SECRETARY, KOTTAYAM MUNICIPALITY, KOTTAYAM -686001.

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3 ADDL. R3 RAJAMMA JOSEPH (SOUGHT TO BE IMPLEADED) R1-2 BY SRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY R3 BY ADV. PEEYUS A.KOTTAM

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OTHER PRESENT:

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SR.GP. RAJASEKHARAN NAIR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2019, ALONG WITH WP(C).37534/2017(N), WP(C).32413/2018(B), WP(C).33862/2018(G), WP(C).12159/2019(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.37534 OF 2017

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JUDGMENT

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[ WP(C).37534/2017, WP(C).32413/2018, WP(C).33862/2018, WP(C).12159/2019, WP(C).29972/2019 ]

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I am considering these Writ Petitions together on

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account of the analogous nature of factual circumstances presented therein and since the prayers sought for in them overlap with each other.

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While WP(C) No.29972 of 2019 has been filed by Shri.Arakkanattil Oommen Iype (who will hereinafter referred to as “Shri. Iype” for convenience), asserting that he is entitled to use the construction made by him at Kottayam on the strength of a deemed occupancy under the provisions of Rule 22(3) of the Kerala Municipality Building Rules (KMB Rules for short); the other Writ Petitions have been filed by individuals (who will hereinafter be called collectively as the “objectors”) alleging that the construction of Shri.Iype is illegal and therefore, liable to be demolished and not deserving of being regularized in terms of law.

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It transpires from the pleadings and materials

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WP(C).No.37534 OF 2017

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available that the Writ Petitions filed by the

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objectors, except WP(C)No. 12159 of 2019, were filed

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before the application for regularization made by

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Shri.Iype had been considered under the provisions of the Kerala Municipality Building (Regularization of Unauthorized Construction) Rules 2018 (hereinafter

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referred to as the 'Regularization Rules' for short) and they assert that any such application made ought

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not to be considered by any of the competent authorities. However, pending this lis, it appears that Shri. Iype made an application for regularization under the afore Rules and that the same was considered by the competent authority as per Order No. C/1612/2018/K.DIS dated 25.3.2019, imposing certain conditions to be complied with Shri. Iype before obtaining

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regularization of his construction.

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After the afore order was issued, WP(C) No.

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12159 of 2019 was filed by Smt.Rajamma Joseph, who is

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also one of the objectors, impugning Exts.P15 and P16

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orders of the Government and the Town Planner

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respectively, as per which, the regularization

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WP(C).No.37534 OF 2017

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application of Shri. Iype was directed to be considered by the competent authorities; with alternative prayer that Ext.P17, which is the afore mentioned order dated 25.03.2019, be directed to be complied with fully before the Municipality considers regularization of the building constructed by Shri.Iype.

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From the afore narration, it becomes obvious that none of the parties have yet challenged the afore mentioned order of the Regularization Committee, bearing No.C/1612/2018/K.DIS dated 25.3.2019, which is referred to as item No.2 in Ext.P6 order produced along with WP(C)No. 29972 of 2019 and which has been produced as Ext.P17 along with WP(C) No. 12159 of 2019. In fact, as I have said above, Smt.Rajamma Joseph, one of the objectors, has prayed that this order be directed to be implemented, before regularization of the building is allowed by the Secretary of the Municipality.

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Therefore, as matters now stand, Shri.Iype

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is enjoying a conditional order for regularization of

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his contract from the competent regularization

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Committee as per the Regularization Rules, but the

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WP(C).No.37534 OF 2017

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stand of the Municipality is that, until all the

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conditions enumerated in the said orders are complied

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with, formal orders for regularization cannot be granted.

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It is in the afore backdrop that I have to

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examine the contentions of Shri.Iype that he is

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entitled to a deemed occupancy under the provisions of Rule 22(3) of the KMB Rules, which he appears to make

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on the strength of his Exts.P8 and P10 produced in WP(C) No.29972 of 2019.

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When I examine the aforementioned

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applications of Shri. Iype, it is clear that he has intimated the Municipality that all conditions

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mentioned in the afore mentioned orders of the

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Regularization Committee have been complied with and he has sought for issuance of an Occupancy Certificate. It

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is on this basis that Shri.Iype says that, he is

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entitled to a deemed occupancy certificate after the

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expiry of the statutory period for its consideration.

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WP(C).No.37534 OF 2017

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aforementioned correspondence is not an application for occupancy certificate per se but is an intimation by Shri.Iype to the Municipality that he has complied with all the conditions in the orders of the Regularization Committee. There is nothing on record to show that the Municipality has yet verified this or has issued formal orders regularizing the construction and I am also aware of the submissions of the learned Standing Counsel for the Municipality that a latter dated 18.10.2019 has, in fact, being issued to Shri. Iype, informing him that some of the conditions in Ext.P6 order have not been complied with by him.

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Ineluctably, therefore, the contention of Shri.Iype - that he is entitled to an occupancy certificate - is untenable not merely because the Municipality appears to have already replied to the same; but also because he cannot even now maintain that

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his building has been properly regularized as per law.

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It is ineluctable that an applicant can seek a deemed occupancy certificate only if he is able to establish that he has made the same as per law and after

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WP(C).No.37534 OF 2017

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complying with all imperative requirements as per the

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applicable Statutes and Regulations. In this case, since a building has been constructed irregularly and

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since it has not yet been formally regularized by the

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Secretary of the Municipality - at least, the

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Petitioner- Shri.Iype being unable to show me any order of the said Secretary to such effect - his application

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for occupancy certificate cannot be found to be competent or complete as per law.

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enjoined to consider the further course of action and

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as to the manner in which the Secretary must proceed

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with respect to the dialectical stands of the parties.

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received the order of the Regularization Committee referred as item 2 in Ext.P6 produced in WP(C) No.29972

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of 2019 and asserts that he has complied with all the conditions therein, it is enjoined on the Secretary of

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the Municipality to hear him as well as the objectors

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and then take a decision as to whether a formal order

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of regularization can be granted to the building.

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WP(C).No.37534 OF 2017

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Obviously, the Secretary will have to see that all the

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conditions in the said order have been implicitly complied with and that all necessary clearance and documents as required therein, are produced by Shri.Iype. If, after this exercise, the construction is formally regularized, then certainly Shri. Iype will

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be entitled to make an application for occupancy certificate which can then be considered by the Secretary as per law.

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Resultantly, I order these Writ Petitions

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and direct the Secretary of Kottayam Municipality to

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hear the petitioners in all these matters and then take a decision whether Shri.Iype has complied with all the conditions enumerated in Ext.P6 in WP(C)NO. 29972 of

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2019 and then take a final decision as to

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regularization of the building in terms of the applicable Statutes, Rules and Regulations.

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Needless to say, if, after the afore, the building is regularized by the Municipality, then Shri.Iype will be entitled to make a further application for occupancy certificate and for numbering of the same, which will

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WP(C).No.37534 OF 2017

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then be considered by the Secretary of the

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Municipality, after following due procedure, without any delay thereafter.

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It goes without saying that I have not considered the merits of the order of the Regularization Committee, a copy of which has been produced on record as Ext.P17 along with WP(C) No.

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12159 of 2019, there being no challenge to the same;

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and consequently, any of the objectors will have the

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liberty to challenge the same, if they are so interested, in terms of law; in which event, my

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directions afore will stand modulated as per any order that may be passed in such proceedings.

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These Writ Petitions are thus ordered.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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WP(C).No.37534 OF 2017

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APPENDIX OF WP(C) 37534/2017

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE 28.1.2009 ISSUED PETITIONER.	SALE CERTIFICATE DATED BY THE UCO BANK, TO THE
EXHIBIT P2	TRUE COPY OF THE 24.2.2016.	APPLICATION DATED
EXHIBIT P3	TRUE COPY OF THAT 16 DATED 4.4.2016	LETTER NO.PW3/BA/195/15- OF THE 3RD RESPONDENT.
EXHIBIT P4	TRUE COPY OF THAT RESPONDENT DATED	LETTER ISSUED BY THE 5TH 26.7.2016.
EXHIBIT P5	TRUE COPY OF THE THE 4TH RESPONDEN RESPONDENT.	COMMUNICATION ISSUED BY T SECRETARY TO THE 6TH
EXHIBIT P6	TRUE COPY OF THE ISSUED BY THE 4TH	STOP MEMO DATED 21.7.2017 RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE KOTTAYAM EAST POL	RECEIPT ISSUED FROM THE ICE STATION.
EXHIBIT P8	TRUE COPY OF THAT BY THE PETITIONER	REPRESENTATION SUBMITTED DATED 05.11.2017.
EXHIBIT P9	TRUE COPY OF THE SUBMITTED BEFORE	COMPLAINT DATED 06.11.2017 THE 4TH RESPONDENT.
RESPONDENT'S/S EX	HIBITS:
EXHIBIT R6(A)	COPY OF THE LAND 07/07/2017.	TAX RECEIPT DATED
EXHIBIT R6(B)	COPY OF RECEIPTS MUNICIPALITY.	ISSUED BY THE KOTTAYAM
EXHIBIT R6(C)	REVIEW PETITION D SUBMITTED ANOTHER 17/09/2017 BEFORE	ATED 07/07/2017 I REVIEW PETITION DATED THE 5TH RESPONDENT.
EXHIBIT R6(D)	COPY OF THE RECEI	PT DATED 18/09/2017.
EXHIBIT R6(E)	COPY OF THE APPLI REGULARIZATION OF	CATION SUBMITTED BY ME FOR MY CONSTRUCTION.

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WP(C).No.37534 OF 2017

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EXHIBIT R6(F) COPY OF THE ORDER DATED 23/08/2018 PASSED BY DISTRICT LEVEL COMMITTEE CONVENER/DISTRICT TOWN PLANNER. EXHIBIT R6(G) COPY OF THE CERTIFICATE OF THE STRUCTURAL ENGINEERING BY MR.FINNY ALEX.

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WP(C).No.37534 OF 2017

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APPENDIX OF WP(C) 32413/2018

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	COPY OF THE LAND TAX RECEIPT DATED 07/07/2017
EXHIBIT P2	COPY OF RECEIPTS ISSUED BY THE KOTTAYAM MUNICIPALITY
EXHIBIT P3	COPY OF THE APPLICATION DATED 24.02.2016
EXHIBIT P4	COPY OF THE COMMUNICATION DATED 04.04.2016 FROM THE 6TH RESPONDENT TO THE 7TH RESPONDENT
EXHIBIT P5	COPY OF THE COMMUNICATION DATED 26.07.2016 FROM THE 7TH RESPONDENT TO THE 6TH RESPONDENT
EXHIBIT P6	COPY OF THE NOTICE REJECTING THE APPLICATION FOR CHANGE OF OCCUPANCY
EXHIBIT P7	COPY OF THE REVIEW PETITION DATED 17.09.2017
EXHIBIT P8	COPY OF THE RECEIPT DATED 18-09-2017 ISSUED FROM THE OFFICE OF THE 7TH RESPONDENT AFTER ACCEPTING P7
EXHIBIT P9	COPY OF STOP MEMO DATED 21.07.2017
EXHIBIT P10	COPY OF REGULARIZATION APPLICATION NO PW3/6502/18 SUBMITTED BY THE PETITIONER
EXHIBIT P11	COPY OF THE LETTER DATED 19.03.2018 FROM THE 6TH RESPONDENT
EXHIBIT P12	COPY OF THE LETTER DATED 04.04.2018
EXHIBIT P13	COPY OF THE COMMUNICATION DATED 07.06.2018 FROM THE 2ND RESPONDENT TO THE 6TH RESPONDENT
EXHIBIT P14	COPY OF THE LETTER DATED 14.06.2018 TO THE 6TH RESPONDENT
EXHIBIT P15	COPY OF THE STRUCTURAL STABILITY CERTIFICATE SUBMITTED TO THE 6TH RESPONDENT ON 20.08.2018

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WP(C).No.37534 OF 2017

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EXHIBIT P16 COPY OF THE ORDER DATED 23.08.2018

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EXHIBIT P17 COPY OF THE KERALA MUNICIPALITY BUILDING (REGULARISATION OF UN AUTHORISED CONSTRUCTION) RULES, 2018.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R8(A) TRUE PHOTOGRAPHS OF THE BUILDING CONSTRUCTING BY THE PETITIONER WHICH ARE TAKEN ON 17/04/18.

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EXHIBIT R8(B) TRUE COPY OF THE COMMISSION REPORT IN O.S. NO.329/2018 OF MUNSIFF COURT, KOTTAYAM, DATED 21/05/18.

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WP(C).No.37534 OF 2017

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APPENDIX OF WP(C) 33862/2018

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LETTER OF THE SECRETARY DATED 21.05.2011 EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE PUBLIC INFORMATION OFFICER, KOTTAYAM MUNICIPALITY DATED 06.08.2018 EXHIBIT P3 TRUE COPY OF THE REPORT SUBMITTED BY THE TOWN PLANNER TO THE CHIEF TOWN PLANNER (VIGILANT) THIRUVANANTHAPURAM DATED 22.06.2018 EXHIBIT P4 TRUE COPY OF THE ORDER OF MUNICIPAL SECRETARY DATED 28.01.2016 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 14.03.2016 IN I.A.193/2016 IN W.P.(C) 1187/2013 EXHIBIT P6 TRUE COPY OF THE ORDER DATED 09.03.2016 IN I.A.193/2016 IN W.P.(C) 1187/2013 EXHIBIT P7 TRUE COPY OF THE APPLICATION SUBMITTED ON 09.03.2018 FOR REGULARIZATION OF UNAUTHORIZED CONSTRUCTION SUBMITTED BY THE 7TH RESPONDENT IN FORM IA WITH APPENDIX 10 EXHIBIT P8 TRUE COPY OF THE JUDGMENT REPORT IN 2002 KHC 744 (JAYACHANDRAN V, STATE OF KERALA) EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 21.07.2017 ISSUED BY THE SECRETARY TO THE 7TH RESPONDENT EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 08.07.2018 EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER DATED 22.11.2017 IN W.P(C) 37534/2017 EXHIBIT P12 TRUE COPY OF THE COMMISSION REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER DATED 21.05.2018 IN O.S. 329/2018 BEFORE THE MUNSIFF COURT, KOTTAYAM

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WP(C).No.37534 OF 2017

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EXHIBIT P13 TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY DATED 08.05.2018 EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS OF THE TOWN PLANNER,KOTTAYAM BEARING NO.C/1206/2018/K.DIS DATED 23.08.2018

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WP(C).No.37534 OF 2017

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APPENDIX OF WP(C) 12159/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE LETTER OF THE SECRETARY DATED 21.05.2011.
EXHIBIT P2	TRUE COPY OF THE LETTER ISSUED BY THE PUBLIC INFORMATION OFFICER,KOTTAYAM MUNICIPALITY DATED 06.08.2018.
EXHIBIT P3	TRUE COPY OF THE REPORT SUBMITTED BY THE TOWN PLANNER TO THE CHIEF TOWN PLANNER(VIGILANT)THIRUVANANTHAPURAM DATED 22.06.2018.
EXHIBIT P4	TRUE COPY OF THE ORDER OF MUNICIPAL SECRETARY DATED 28.01.2016.
EXHIBIT P5	TRUE COPY OF THE ORDER DATED 14.03.2016 IN I.A.193/2016 IN W.P.(C)NO.11876/2013.
EXHIBIT P6	TRUE COPY OF THE ORDER DATED 09.08.2016 IN I.A.NO.193/2016 IN W.P.(C)1187/2013.
EXHIBIT P7	TRUE COPY OF THE APPLICATION SUBMITETD ON 09.03.2018 FOR REGULARIZATION OF UNAUTHORIZED CONSTRUCTION SUBMITTED BY THE 9TH RESPONDENT IN FORM I.A.WITH APPENDIX 10.
EXHIBIT P8	TRUE COPY OF THE JUDGMENT REPORTED IN 2002 KHC 744 (JAYACHANDRAN V,STATE OF KERALA).
EXHIBIT P9	TRUE COPY OF THE NOTICE DATED 21.07.2017 ISSUED BY THE SECRETARY TO THE 9TH RESPOPNDENT
EXHIBIT P10	TRUE COPY OF THE NOTICE DATED 08.07.2018
EXHIBIT P11	TRUE COPY OF THE INTERIM ORDER DATED 22.11.2017 IN W.P(C)NO.37534/2017
EXHIBIT P12	TRUE COPY OF THE COMMISSION REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER DATED 21.05.2018 IN O.S.329/2018 BEFORE THE MUNSIFF COURT,KOTTAYAM.
EXHIBIT P13	TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY DATED 08.05.2018.

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WP(C).No.37534 OF 2017

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EXHIBIT P14	TRUE COPY OF THE PROCEEDINGS OF THE TOWN PLANNER,KOTTAYAM BEARING NO.C/1206/2018/K.DIS DATED 23.08.2018.
EXHIBIT P15	THE TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.RA3/14/19 ISSUED FROM THE OFFICE OF THE CHIEF SECRETARY.
EXHIBIT P16	THE TRUE COPY OF THE ORDER BEARING NO.G25542/18 ISSUED FROM THE OFFICE OF DIRECTOR OF LOCAL SELF GOVERNMENT DEPARTMENT DATED 18.02.2019.
EXHIBIT P17	THE TRUE COPY OF THE ORDER ISSUED BY THE 6TH RESPONDENT DISTRICT COMMITTEE DATED 25.03.2019.
EXHIBIT P-18	THE TRUE COPY OF THESTOP MEMO DATED 30.04.2019 ISSUED BY THE SECRETARY,KOTTAYAM MUNICIPALITY.
EXHIBIT P-19	THE TRUE COPY OF THE SALE CERTIFICATE DATED 28.01.2009 ISSUED BY THE UCO BANK.
EXHIBIT P20	THE TRUE COPY OF THE SALE DEED BEARING NO.3182/2010 OF KOTTAYAM SRO.
EXHIBIT P-21	THE TRUE COPY OF THE LETTER OBTAINED UNDER RIGHT TO INFORMATION ACT DATED 07.05.2019
EXHIBIT P22	THE TECHNICAL RECOMMENDATION ISSUED BY THE DISTRICT TOWN PLANNER KOTTAYAM FOR THIS BUILDING OBTAINED UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P23	THE TRUE COPY OF THE NOTICE ISSUED BY THE KOTTAYAM MUNICIPALITY TO THE SAID JOHN CHANDY.
EXHIBIT P24	TRUE COPY OF THE NOTICE BEARING NO.F(2)- 11083/18 DATED 04/05/2019 ISSUED BY TAHSILDAR.
EXHIBIT P25	THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 9TH RESPONDENT OOMMEN IYPE TO THE CHIEF MINISTER OBTAINED UNDER RIGHT TO INFORMATION ACT.

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WP(C).No.37534 OF 2017

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EXHIBIT P26 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 9TH RESPONDENT OOMMEN IYPE TO THE TAHSILDAR OBTAINED UNDER RIGHT TO INFORMATION ACT. EXHIBIT P27 TRUE COPY OF THE STOP MEMO BEARING NO.PW3/6502/18 DATED 30/04/2019 ISSUED BY 8TH RESPONDENT MUNICIPALITY TO THE 9TH RESPONDENT. EXHIBIT P28 TRUE COPY OF THE ADVERTISEMENT MADE BY THE 9TH RESPONDENT WITH REGARD TO THE FUNCTION IN THE DISPUTED BUILDING IN THE MANGALAM DAILY NEWSPAPER DATED 07.08.2019 EXHIBIT P29 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER'S HUSBAND P.V.JOSEPH BEFORE THE 8TH RESPONDENT

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EXHIBIT P30 TRUE COPY OF THE RECEIPT DATED 16.08.2019 FROM THE OFFICE OF THE 8TH RESPONDENT KOTTAYAM MUNICIPALITY

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R9(A) COPY OF NOTICE NO.PW3/6502/18 DATED 02/04/2019 ISSUED BY THE SECRETARY, KOTTAYAM MUNICIPALITY. EXHIBIT R9(B) COPY OF PLAINT OS NO.329/2018 ON THE FILE OF MUNSIFF'S COURT, KOTTAYAM. EXHIBIT R9(C) COPY OF THE PLAINT IN OS NO.402/2019. EXHIBIT R9(D) COPY OF THE CERTIFICATE OF APPROVAL DATED 30/08/2019 ISSUED BY THE REGIONAL FIRE OFFICER.

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EXHIBIT R9(E) COPY OF THE APPLICATION FOR OCCUPANCY CERTIFICATE. EXHIBIT R9(F) COPY OF THE RECEIPT DATED 30/08/2019 FROM THE KOTTAYAM MUNICIPALITY ISSUED WHEN EXHIBITS R9(D) AND R9(E) WERE SUBMITTED.

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WP(C).No.37534 OF 2017

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APPENDIX OF WP(C) 29972/2019

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	COPY OF THE SALE DEED NO.3182/2010 OF KOTTAYAM SRO IN FAVOUR OF THE PETITIONER.
EXHIBIT P2	COPY OF THE LAND TAX RECEIPT DATED 07.07.2017 IN RESPECT OF PETITIONERS PROPERTY.
EXHIBIT P3	COPY OF PROPERTY TAX RECEIPTS FOR THE PERIOD 2017-2018 FOR THE PETITIONERS BUILDING FROM KOTTAYAM MUNICIPALITY.
EXHIBIT P4	COPY OF THE APPLICATION FOR REGULARIZATION SUBMITTED BY THE PETITIONER UNDER THE KERALA MUNICIPALITY BUILDING(REGULARIZATION OF UNAUTHORIZED CONSTRUCTION) RULES, 2018.
EXHIBIT P5	COPY OF THE ORDER NO.C/1612/2018/K.DIS DATED 25.03.2019 REGARDING REGULARIZATION OF THE PETITIONERS BUILDING ISSUED BY THE DISTRICT TOWN PLANNER, KOTTAYAM.
EXHIBIT P6	COPY OF NOTICE NUMBER PW3/6502/18 DATED 02.04.2019 FROM KOTTAYAM MUNICIPALITY REGARDING REGULARIZATION OF THE PETITIONERS BUILDING.
EXHIBIT P7	COPY OF CERTIFICATE OF APPROVAL NUMBER D1- 4260/19 DATED 30.08.2019 ISSUED BY REGIONAL FIRE OFFICER, KOTTAYAM REGARDING PETITIONERS BUILDING.
EXHIBIT P8	COPY OF THE APPLICATION DATED 30.08.19 SUBMITTED BY THE PETITIONER FOR ISSUING OCCUPANCY CERTIFICATE.
EXHIBIT P9	COPY OF THE RECEIPT DATED 30.08.2019 ISSUED FROM THE MUNICIPAL OFFICE AT THE TIME OF SUBMISSION OF EXHIBIT P8.
EXHIBIT P10	COPY OF THE APPLICATION DATED 11.10.2019 FOR OCCUPANCY CERTIFICATE.

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WP(C).No.37534 OF 2017

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EXHIBIT P11 COPY OF THE RECEIPT ISSUED FROM THE MUNICIPALITY AT THE TIME OF SUBMISSION OF EXHIBIT P10.

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PETITIONER'S/S EXHIBITS: NIL

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// TRUE COPY// CA TO JUDGE

Rajamma Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajamma Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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