Disposed

Nicholas P.Dias, v. Instacure Surgical and Medical Centre (Pvt) Ltd.

Kerala HC28 Jan 2019WP(C)/901/2019

Case brief

AI extract

What is this about?

Petitioner challenged a transfer order for a building's occupancy status. The Single Judge dispensed with detailed deliberation and ordered the second respondent to finalize the matter within one month following the Tribunal's directions.

What did the court decide?

Direction to the 2nd respondent to finalize the issue within one month from receipt of copy of the judgment.

Nicholas P.Dias, Vs Instacure Surgical and Medical… — Writ and Judicial Review | 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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MONDAY ,THE 28TH DAY OF JANUARY 2019 / 8TH MAGHA, 1940

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WP(C).No. 901 of 2019

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PETITIONER/S:

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NICHOLAS P.DIAS, AGED 71 YEARS S/O LATE PASCAL DIAS, 4A/985,MERCY VILLA,CLUB JUNCTION,EDAPALLY P.O.VAZHAKKALA VILLAGE, THRIKKAKARA MUNICIPALITY, KOCHI 682 024.

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BY ADVS. SRI.LEGY ABRAHAM SRI.ABE RAJAN

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RESPONDENT/S:

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1 INSTACURE SURGICAL AND MEDICAL CENTRE (PVT) LTD. REPRESENTED BY ITS MANAGING DIRECTOR, DR. COL K.RAVINDRAN NAIR M.K,COMPLEX, CLUB JUNCTION, EDAPALLY TOLL,COCHIN-682 024.

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2 CHEIF TOWN PLANNER, OFFICE OF THE CHIEF PLANNER, THIRUVANANTHAPURAM 695 003.

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3 SENIOR TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, CIVIL STATION, KAKKANAD,ERNAKULAM 698 001.

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4 THRIKKAKARA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, KAKKANAD P.O.ERNAKULAM-682 030

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5 TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM, DIST COURT COMPLEX, VANCHIYOOR, THIRUVANANTHAPURAM 695 035.

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BY ADV. SRI.G.G.MANOJ, SC, THRIKKAKARA MUNICIPALITY

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R2 AND 3- SRI.MANURAJ.K.J,GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 901 of 2019 2

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JUDGMENT

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This writ petition is filed by the petitioner seeking the following reliefs:-

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a)Issue a writ of certiorari to call for all records leading to Ext.P3 and to quash the same;

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b) Issue a writ of mandamus directing the 2^nd respondent to consider and dispose the application for change of occupancy pertaining to the building constructed in Survey No. 23/21 of Thrikkakara Municipality submitted by the first respondent herein within one month;

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A detailed deliberation of the issue is not

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required, since learned counsel for the petitioner submitted that when the subject matter was remanded

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by the Tribunal for Local Self Government Institutions to the chief Town Planner that is the 2^nd respondent herein, no time limit was fixed,

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which is creating lot of inconvenience to the petitioner and inspite of the lapse of five months, no decision is taken.

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In that view of the matter and hearing the

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WP(C).No. 901 of 2019 3

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respective counsel across the Bar, this writ petition is disposed of directing the 2^nd respondent to finalise the issue on account of the directions issued by the Tribunal as per Ext.P1 at the earliest possible, and at any rate, within a month from the date of receipt of a copy of this judgment.

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The writ petition is disposed of,

accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

hmh

WP(C).No. 901 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE FOR LOCAL SELF GOV APPEAL NO 753/2017	ORDER OF THE TRIBUNAL ERNMENT INSTITUTION IN DATED 9.8.2018
EXHIBIT P2	A TRUE COPY OF THE APPEAL NO 753/2017	IA NO 13030/2018 IN DATED 13.9.2018
EXHIBIT P3	A TRUE COPY OF THE FOR LOCAL SELF GOV IA NO 1303/2018 IN DATED 1.10.2018	ORDER OF THE TRIBUNAL ERNMENT INSTITUTION IN APPEAL NO 753/2017
EXHIBIT P4	A TRUE COPY OF THE RESPONDENT DATED N	REPORT OF THE FOURTH IL
EXHIBIT P5	A TRUE COPY OF THE D.DIS DATED 29.10.	ORDER NO D/2002/2018 2018

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RESPONDENT'S EXHIBIT NIL

Nicholas P.Dias, v. Instacure Surgical and Medical Centre (Pvt) Ltd.

Case brief

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Nicholas P.Dias, v. Instacure Surgical and Medical Centre (Pvt) Ltd.

Case brief

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