Allowed

Capital Retreat Private Limited v. State of Kerala

Kerala HC10 Dec 2019WP(C)/14019/2019

Case brief

AI extract

What is this about?

The petitioner sought direction to forward its application for extension of a building permit beyond the statutory period of nine years. The High Court directed the Corporation Secretary to transmit the application to the competent Committee within one month, mandating the Committee to decide within two months.

What did the court decide?

Directed the Secretary of Thiruvananthapuram Corporation to forward Ext.P14 application to the competent Committee within one month; Committee to decide within two months.

Capital Retreat Private Limited 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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TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941 WP(C).No.14019 OF 2019(B)

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PETITIONER:

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CAPITAL RETREAT PRIVATE LIMITED TC 31/527 (1) CHALAI, PETTAH, THIRUVANANTHAPURAM, PIN-685 024, REPRESENTED BY ITS CHAIRMAN.

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BY ADV. SRI.C.S.MANU

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001

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2 COMMITTEE CONSTITUTED UNDER RULE 78B, CHAPTER X-A OF THE KERALA MUNICIPALITY BUILDING RULES, 1999. REPRESENTED BY THE CONVENER, THE CHIEF TOWN PLANNER, DEPARTMENT OF TOWN AND COUNTRY PLANNING, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695 001

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3 PRINCIPAL SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001

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4 DIRECTOR OF DEPARTMENT OF URBAN AFFAIRS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695 001

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5 CHIEF TOWN PLANNER, DEPARTMENT OF TOWN AND COUNTRY PLANNING, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695 001

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6 DISTRICT OFFICER, REGIONAL TOWN PLANNER, OFFICER OF THE DISTRICT TOWN PLANNER, HOUSING BOARD BUILDING, DEPARTMENT OF TOWN AND COUNTRY PLANNING, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695 001

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7 CORPORATION OF THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN-695 033, REPRESENTED BY ITS SECRETARY.

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WP(C).No.14019 OF 2019 2

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8 SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM, PIN-695 033

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R1-6 BY GOVERNMENT PLEADER R7-8 BY ADV. SRI.N.NANDAKUMARA MENON (SR.) R7-8 BY SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION

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SR.GP.K.AMMINIKUTTY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.14019 OF 2019 3

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JUDGMENT

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The petitioner, which is a company

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registered under the provisions of the Companies Act, 1956, had originally approached this Court, through this writ petition, seeking that their application for extension of a building permit, namely Ext.P5, be directed to be taken up and disposed of by the Secretary of Thiruvananthapuram Corporation. However, pending this lis, noticing that the maximum time frame as per the applicable Building Rules for extension of a building permit has already expired, the petitioner appears to have preferred Ext.P14 application under the provisions of Chapter XA of the Kerala Municipality Building Rules (KMB Rules), seeking extension of the building permit beyond nine years and has produced the same on record as Ext.P14.

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The limited plea of the petitioner,

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as voiced through their learned counsel

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WP(C).No.14019 OF 2019 4

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Shri.C.S.Manu, is that Ext.P14 be directed to be forwarded by the Secretary of the respondent-Corporation to the competent Committee constituted under the afore Chapter of the KMB Rules, namely the 2^nd

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respondent herein, within a time frame to be fixed by this Court.

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Shri.N.Nandakumara Menon, learned

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Senior Counsel, instructed by

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Shri.P.K.Manojkumar, learned Standing

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Counsel for Thiruvananthapuram Corporation, submitted that since more than nine years have elapsed after the original permit had been granted to the petitioner, the reliefs sought for in the writ petition cannot be allowed; but that Ext.P14 can certainly be transmitted by the Secretary of the Corporation to the competent Committee,

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through the Regional Town Planner. The learned Senior Counsel says that if this

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Court is so inclined, the Secretary will forward the application, along with all

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WP(C).No.14019 OF 2019 5

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relevant documents to the Committee, for their consideration in terms of law.

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Pleader, Smt.K.Amminikutty, appearing on behalf of the official respondents submits that if Ext.P14 is forwarded by the Secretary, through the Regional Town

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Planner, to the Committee constituted under

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Chapter XA of the KMB Rules, the said

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Committee will consider the same in terms of law, after evaluating all necessary and relevant inputs. She says that no further orders may be issued against the official respondents in this writ petition.

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submissions, it is obvious that the original prayers made in this writ petition are now incapable of being granted, but since the

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parties are ad idem that Ext.P14 can be

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forwarded by the Secretary of the Corporation to the Committee constituted

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WP(C).No.14019 OF 2019 6

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under Chapter XA of the KMB Rules, I deem it appropriate to order this writ petition to that limited extent.

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Resultantly, I order this writ petition and direct the Secretary of Thiruvananthapuram Corporation to take up Ext.P14 application of the petitioner and forward the same, along with the original plan and the revised plan - stated to have been approved by the Chief Town Planner - as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment. If the Secretary feels that any further supporting documents are to be presented by the petitioner, then they will be properly so notified, so as to enable them to do so and the application will be forwarded within the time frame granted above.

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Once the application is thus received by the competent Committee, constituted under

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WP(C).No.14019 OF 2019 7

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Chapter XA of the KMB Rules, through the Regional Town Planner, the said Committee will consider the same and issue appropriate orders thereon, as expeditiously as is possible, but not later than two months from the date on which the application is received by them; and will then communicate the resultant order to the Secretary of the Corporation without any further delay thereafter.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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MC/11.12.19

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WP(C).No.14019 OF 2019 8

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE CERTIFICATE OF INCORPORATION DATED 31.10.2002 ISSUED BY THE REGISTRAR OF COMPANIES, KERALA TO THE PETITIONER.
EXHIBIT P2	TRUE COPY OF THE BUILDING PERMIT DATED 18.1.2008 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER.
EXHIBIT P3	TRUE COPY OF THE CERTIFICATE BEARING NO. FE1/20411/13 DATED 5.6.2015 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER.
EXHIBIT P4	TRUE COPY OF THE CERTIFICATE BEARING NO.FE1/20411/13 DATED 5.6.2015 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER.
EXHIBIT P5	TRUE COPY OF THE APPLICATION DATED 2.1.2017 SUBMITTED BY THE PETITIONER TO THE 7TH RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE APPLICATION DATED DATED 26.10.2017 SUBMITTED BY THE PETITIONER TO THE 7TH RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE APPLICATION DATED 19.3.2018 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE REPRESENTATION DATED 28.1.2019 SUBMITTED BY THE PETITIONER TO THE HON'BLE CHIEF MINISTER, GOVERNMENT OF KERALA.
EXHIBIT P9	TRUE COPY OF THE NOTICE BEARING NO.TP.E- 11/FE1/41/17 DATED 4.7.2019 ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM TO THE PETITIONER.
EXHIBIT P10	TRUE PHOTOGRAPHS OF THE PARTLY CONSTRUCTED BUILDING AS PER THE BUILDING PERMIT GRANTED TO THE PETITIONER (THREE IN NUMBERS)
EXHIBIT P11 EXHIBIT P12	TRUE COPY OF COVERING LETTER DATED 29-8- 2019 SUBMITTED BY THE PETITIONER BEFORE THE CORPORATION OF THIRUVANANTHAPURAM. TRUE COPY OF RECEIPT NO-72150 DATED 6-9-

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WP(C).No.14019 OF 2019 9

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2019 ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM TO THE PETITIONER.

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EXHIBIT P13	TRUE COPY OF LETT SUBMITTED BY THE CORPORATION OF TH	ER DATED 30.9.2019 PETITIONER BEFORE THE IRUVANANTHAPURAM.
EXHIBIT P14	TRUE COPY OF THE 29/08/2019 SUBMIT THE PRESCRIBED FO COMMITTEE THROUGH SECRETARY, CORPOR THIRUVANANTHAPURA	APPLICATION DATED TED BY THE PETITIONER IN RMAT TO THE 2ND RESPONDENT THE 8TH RESPONDENT ATION OF M.
EXHIBIT P15	TRUE COPY OF THE DATED 23/09/2019 RESPONDENT TO THE	LETTER NO.E-11/72150/2019 ISSUED BY THE 8TH PETITIONER.
EXHIBIT P16	TRUE COPY OF THE BEARING NO.E-11/7 CORPORATION TO TH	LETTER DATED 06/11/2019 2510/19 ISSUED BY THE E PETITIONER
EXHIBIT P17	TRUE COPY OF THE 13/11/2019 SUBMIT THE ENVIRONMENTAL POLLUTION CONTROL THIRUVANANTHAPRUA	APPLICATION DATED TED BY THE PETITIONER TO ENGINEER, KERALA STATE BOARD, DISTRICT OFFICE, M.
EXHIBIT P18	TRUE COPY OF THE SLIP) ISSUED BY K CONTROL BOARD, TH PETITIONER	BANK CHALAN (E-PAYMENT ERALA STATE POLLUTION IRUVANANTHAPURAM TO THE
EXHIBIT P19 RESPONDENT'S/S E	TRUE COPY OF THE DHANALAKSHMI BANK BRANCH, ISSUED TO XHIBITS:	RECEIPT ISSUED BY , THIRUVANANTHAPURAM THE PETITIONER.
NIL
MC
	(TRUE COPY)	PA TO JUDGE

Capital Retreat Private Limited v. State of Kerala

Case brief

What is this about?

What did the court decide?

Capital Retreat Private Limited v. State of Kerala

Case brief

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