Remanded

S.Subramanian v. State of Kerala

Kerala HC22 Feb 2019WP(C)/3237/2019

Case brief

AI extract

What is this about?

Petitioners challenged non-consideration of their application for occupancy and numbering certificate for a multi-storied building. The court directed the Corporation to finalise the application within a month.

What did the court decide?

Direction to the 2nd respondent to finalise the application for occupancy and numbering of the building within a month from the date of receipt of this judgment.

S.Subramanian 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 SHAJI P.CHALY

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FRIDAY, THE 22ND DAY OF FEBRUARY 2019 / 3RD PHALGUNA, 1940
WP(C) NO. 3237 OF 2019

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PETITIONER/S:

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1S.SUBRAMANIAN
AGED 78 YEARS
KOKKAPPILLIL CHIRAPARAMBU MADOM, CLUB ROAD, DOOR
NO.XL/161, KARITHALA DESOM, ERNAKULAM,KOCHI-682011.
2S.SEETHARAMAN,
KOKKAPPILLIL CHIRAPARAMBU MADOM, CLUB ROAD,DOOR
NO.XL/161, KARITHALA DESOM, ERNAKULAM, KOCHI-682011.
3S.VISWANATHAN,
KOKKAPPILLIL CHIRAPARAMBU MADOM, CLUB ROAD,DOOR
NO.XL/161, KARITHALA DESOM, ERNAKULAM, KOCHI-682011.,
(THE ABOVE PETITIONERS ARE REPRESENTED BY THEIR POWER
OF ATTORNEY HOLDER K.K. VINOD, MANAGING DIRECTOR,
ALMARK HOUSING COMPANY PVT.LTD, 5TH FLOOR, SANTHI
EMARALD, CHERUPARAMBATH ROAD, KADAVANTHRA, ERNAKULAM,
KOCHI-682020)
BY ADVS.
K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM)
SRI.S.VIBHEESHANAN
SRI.K.SUDHINKUMAR
SRI.S.K.ADHITHYAN
SRI.MUHAMMED IBRAHIM ABDUL SAMAD
SRI.SABU PULLAN

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RESPONDENT/S:

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1STATE OF KERALA
REPRESENTED BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2CORPORATION OF KOCHI,
REPRESENTED BY ITS SECRETARY,
CORPORATION OFFICE, ERNAKULAM, KOCHI-682011.
3THE EXECUTIVE ENGINEER,
TOWN PLANNING SECTION, KOCHI MUNICIPAL CORPORATION,
CORPORATION OFFICE, ERNAKULAM, KOCHI-682011.
BY ADV SRI.RAJU SEBASTIAN VADAKKEKARA,SC,COCHI

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SRI. MANURAJ K.J., GOVERNMENT PLEADER

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WP(C) NO. 3237 OF 2019 2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.02.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) NO. 3237 OF 2019 2

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JUDGMENT

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Petitioners, who are in ownership and possession of 23.120 cents of property situate in Survey No.721/2 of Ernakulam Village, Ernakulam District, has secured Ext.P1 building permit dated 26.3.2008, for construction of a multi-storied building. According to the petitioners, the construction is completed in all respects and a completion certificate is submitted, seeking issuance of occupancy and numbering of the building. However, the Secretary of the 2nd respondent is not considering the applications submitted by the petitioner.

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I have heard learned Counsel for the petitioner, learned Government Pleader and the learned Standing Counsel appearing for respondents 2 and 3 and perused the pleadings and documents on record.

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Learned Counsel for the petitioner submitted that, the application submitted by the petitioner may have to be considered, taking into account the Rule in force at that point of time.

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I find force in the said contention, since that is a settled position of law. In that view of the matter, there will be a direction to the 2nd respondent to finalise the application submitted by the petitioner, seeking issuance of occupancy and numbering of the building, at the earliest and at any rate within a month from the date

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WP(C) NO. 3237 OF 2019 2

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of receipt of a copy of this judgment, bearing in mind the rules then in

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vogue, at the time of issuance of the permit.

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The writ petition is disposed of accordingly

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Sd/-

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SHAJI P.CHALY
JUDGE

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jm/

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WP(C) NO. 3237 OF 2019 2

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APPENDIX OF WP(C) 3237/2019

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`PETITION`	`ER`	`EXHIBITS`
`EXHIBIT`	`P1`	`TRUE COPY OF THE BUILDING PERMIT ISSUED` `BY THE 2ND RESPONDENT CORPORATION DATED` `26.03.2008.`
`EXHIBIT`	`P2`	`TRUE COPY OF THE MEMO EXTENDING THE` `VALIDITY OF THE PERMIT FOR THREE YEARS` `ISSUED BY THE 2ND RESPONDENT DATED` `30.06.2011.`
`EXHIBIT`	`P3`	`TRUE COPY OF THE MEMO DATED 17.05.2014` `ISSUED BY THE 2ND RESPONDENT.`
`EXHIBIT`	`P4`	`TRUE COPY OF THE RELEVANT PORTION OF` `COMPLETION PLAN SUBMITTED BY THE` `PETITIONERS BEFORE THE 2ND RESPONDENT.`
`EXHIBIT`	`P5`	`TRUE COPY OF THE ORDER GIVEN BY THE` `DIVISIONAL OFFICER, FIRE AND RESCUE` `SERVICES, ERNAKULAM, DATED 12.07.2017.`
`EXHIBIT`	`P6`	`TRUE COPY OF THE JUDGMENT DATED` `17.07.2018 IN WPC.NO.31033/2017.`
`EXHIBIT`	`P7`	`TRUE COPY OF THE CERTIFICATE OF APPROVAL` `ISSUED BY THE DEPARTMENT OF FIRE AND` `RESCUE SERVICES DATED 01.11.2018.`
`EXHIBIT`	`P8`	`TRUE COPY OF THE ORDER ISSUED BY THE 3RD` `RESPONDENT AS NO.ISO/MOP 1001569/17` `DATED 25.01.2019.`

S.Subramanian v. State of Kerala

Case brief

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S.Subramanian v. State of Kerala

Case brief

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