Coram directed the Corporation Secretary to regularize the petitioner's building per Ext.P9 within four months, issuing notice to third persons if required, considering pending proceedings.
Direction issued to Secretary of the Corporation to consider Ext.P9 within four months, issuing notice to third parties if required.
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 SHAJI P.CHALY
TUESDAY ,THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940
WP(C).No. 3014 of 2019
PETITIONER:
BABYSAROJAM. R AGED 82 YEARS W/O. LATE V. RANGANATHA PRABHU, HOUSE NO. CC. 8/122D AND E (UA), NEW 7/133A, AND AI (UA), R.G. PAI ROAD, SOUTH CHERLAI, MATTANCHERRY P.O., MATTANCHERRY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT.
BY ADVS. SRI.K.G.SARATHKUMAR SRI.A.C.KURIAKOSE SRI.S.RAJKUMAR
RESPONDENT:
THE CORPORATION SECRETARY KOCHI MUNICIPAL CORPORATION , MAIN OFFICE, BOAT JETTY, ERNAKULAM, KOCHI 682 011. BY ADV. SRI.K.P.JUSTINE(KARIPAT)SC,COCHIN CORPN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3014 of 2019
2
JUDGMENT
Petitioner has constructed a building, which is
provided with UA number. The sole grievance of the petitioner is that, Ext.P9 application seeking regularisation of the building was given to the Secretary of the Corporation in accordance with the provisions of the Kerala Municipality Building (Regularisation of unauthorised construction) Rules, 2018. Various documents are produced by the petitioner along with Ext.P9 including the suit proceedings of 2013 pending before the Munsiff's Court, Kochi. Learned Standing Counsel for Corporation submitted that, some proceedings are pending before the Tribunal for Local Self Government Institutions also.
hearing respective counsel, there will be a direction to the Secretary of the Corporation to consider Ext.P9 in accordance with law taking into account all the
inputs provided by the petitioner and if required after issuing notice to any third person at the earliest possible time and at any rate within four
months from the date of receipt of a copy of this
WP(C).No. 3014 of 2019
3
judgment.
Writ petition is disposed of accordingly.
Sd/-
Smv Sd/- 26.2.2019 SHAJI P.CHALY JUDGE
WP(C).No. 3014 of 2019
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APPENDIX
PETITIONER'SS EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF SALE DEED NO. 1524/1981 DATED 13.4. 1981 OF KOCHI SRO. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF LAND TAX RECEIPT NO. 5975398 DATED 20.4.2018. |
| EXHIBIT P3 | TRUE COPY OF BUILDING TAX RECEIPT NO. 1752 AND 1753 DATED 5.1.2019. |
| EXHIBIT P4 | TRUE COPY OF PERMISSION GRANTED BY VENKITESWARA PAI AND RAJENDRA VADHYAR. |
| EXHIBIT P5 | TRUE COPY OF BUILDING PERMIT AND APPROVED PLAN NO. FCP2/13/2012 DATED 20.1.2012. |
| EXHIBIT P6 | TRUE COPY OF JUDGMENT DATED 19.3.2018 IN WPC NO. 9247/2018 OF HON'BLE HIGH COURT. |
| EXHIBIT P7 | TRUE COPY OF STAY ORDER DATED 11.4.18 OF HON'BLE TRIBUNAL FOR LSGI, TVPM. |
| EXHIBIT P8 | TRUE COPY OF G.O.(P) NO. 11/2018/LSGD DATED 15/2/2018. |
| EXHIBIT P9 | TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER |
| EXHIBIT P10 | TRUE COPY OF NOTICE NO. FCP2/1299/18 DATED 11/06/2018. |
| EXHIBIT P11 | TRUE COPY OF THE REPLY TO NOTICE FCP2/1299/18 DATED 11/6/18. |
| EXHIBIT P12 | TRUE COPY OF NOTICE NO.FCP2/1299/18 DATED 11/10/2018. |
| EXHIBIT P13 | TRUE COPY OF REPLY TO THE NOTICE DATED 11/10/18 |
| EXHIBIT P14 | TRUE COPY OF NOTICE DATED 17/12/18. |
Babysaroja M. R
Corporation Secretary, Kochi Municipal Corporation
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
