Disposed

The South Indian Bank Ltd. v. the Kochi Municipal Corporation

Kerala HC20 Dec 2021WP(C)/15856/2021

Case brief

AI extract

What is this about?

This writ petition sought to quash a notice (Ext.P6). After the court directed respondents to consider the petitioners' building permit application, the permit was granted. The petition was disposed of with an observation directing respondents to consider pending change of nature of land applications.

What did the court decide?

Quizh Ext.P6 notice and direct R1-3 to grant building permit (already done). Direct R6 and R10 to consider applications P14 and P15 within two months.

The South Indian Bank Ltd. Vs the Kochi Municipal Corporation — Land Acquisition | Kerala HC (2021)

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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 T.R.RAVI

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MONDAY, THE 20^TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943

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WP(C) NO. 15856 OF 2021

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PETITIONERS:

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1 THE SOUTH INDIAN BANK LTD. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE, MISSION QUARTERS, T.B.ROAD,

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THRISSUR - 680 001 REP. BY THE CHIEF MANAGER.

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2 THE CHIEF MANAGER THE SOUTH INDIAN BANK LIMITED, M.G.ROAD BRANCH, M.G.ROAD, ERNAKULAM, KOCHI - 682 016.

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BY ADVS. K.K.CHANDRAN PILLAI (SR.) S.AMBILY MICKY THOMAS

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RESPONDENTS:

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1 THE KOCHI MUNICIPAL CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, KOCHI - 682 011.

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2 THE SECRETARY, KOCHI MUNICIPAL CORPORATION CORPORATION OFFICE, KOCHI – 682 011.

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3 THE ASST. EXECUTIVE ENGINEER KOCHI MUNICIPAL CORPORATION, VYTTILE ZONAL OFFICE (ENGINEERING AND TOWN PLANNING), VYTTILE, KOCHI – 19.

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4 THE GREATER COCHIN DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, KADAVANTHARA, KOCHI - 682 020.

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5 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, FORT KOCHI, KOCHI - 682 001.

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6 THE TAHSILDAR, TALUK OFFICE KANAYANNUR, KOCHI - 682 011.

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7 THE VILLAGE OFFICER ELAMKULAM VILLAGE OFFICE, GANDHI NAGAR ROAD, KADAVANTHRA, KOCHI - 682 020.

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WP(C) NO. 15856 OF 2021

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8 THE LOCAL LEVEL MONITORING COMMITTEE COCHIN CORPORATION REPRESENTED BY ITS CONVENOR, THE AGRICULTURAL OFFICER, KRISHI BHAVAN, VYTTILA, ERNAKULAM, KOCHI - 682 019. 9 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 10 ADDL.R10. THE TAHSILDAR (LAND RECORDS)V, TALUK OFFICE, KANAYANNUR, KOCHI – 682 011 ADDL.R10 IS IMPLEADED AS PER ORDER DARED 22.09.2021 IN IA NO.1/2021 IN WP(C)NO.15856/2021 BY ADVS. D.G.VIPIN JIMMY GEORGE

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SRI.B.S.SYAMANTHAK, GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 15856 OF 2021

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T.R.RAVI, J.

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 WP(C) NO. 15856 OF 2021

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 Dated this the 20th day of December, 2021

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JUDGMENT

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The writ petition has been filed seeking to quash Ext.P6 notice
and for other reliefs. This Court had at the time of admission, directed
respondents 1 to 3 to consider the application preferred by the
petitioners for building permit untrammeled by Ext.P6 within three
weeks. Thereafter, the respondents 1 to 3 have granted building
permit to the petitioners. The only issue that remains is regarding the
change of the nature of the land in the revenue records. The
petitioners submit that they have already preferred Exts.P14 and P15
before the 6th and 10th respondents and that the same may be directed
to be considered. Since the building number has already been granted,
the writ petition is disposed of directing the respondents 6 and 10 to
consider Exts.P14 and P15 if the same have been received and are
pending and pass orders at the earliest at any rate within two months
from the date of receipt of a copy of this judgment.

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Sd/-

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T.R.RAVI

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JUDGE

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sn

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WP(C) NO. 15856 OF 2021

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APPENDIX OF WP(C) 15856/2021

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PETITIONER'S EXHIBITS

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Exhibit P1	COPY OF SALE CERTIFICATE DATED 14/06/2017 OF THE SUB REGISTRY OFFICE, ERNAKULAM.
Exhibit P2	COPY OF TAX PAID RECEIPT DATED 14/07/21 ISSUED BY THE 7TH RESPONDENT.
Exhibit P3	COPY OF POSSESSION CERTIFICATE DATED 17/04/2019 ISSUED BY THE 7TH RESPONDENT.
Exhibit P4	COPY OF SALE DEED NO.1894 OF 2005 DATED 15/03/2005 OF THE SUB REGISTRY OFFICE, ERNAKULAM.
Exhibit P5	PHOTOGRAPH SHOWING THE WRITINGS ON THE COMPOUND WALL.
Exhibit P6	COPY OF NOTICE DATED 02/02/2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONERS.
Exhibit P7	COPY OF TITLE DEED NO.388/91 DATED 04/02/1991 OF THE SUB REGISTRY OFFICE, ERNAKULAM.
Exhibit P8	COPY OF DETAILED TOWN PLANNING SCHEME DATED 16/11/1977 FOR ELAMKULAM WEST (EXTENSION) AREA.
Exhibit P9	COPY OF RELEVANT PORTION OF SCHEDULE I OF DETAILED TOWN PLANNING SCHEME FOR ELAMKULAM WEST (EXTENSION) AREA.
Exhibit P10	COPY OF RELEVANT PORTION OF SCHEDULE V OF DETAILED TOWN PLANNING SCHEME FOR ELAMKULAM WEST (EXTENSION) AREA.
Exhibit P11	COPY OF APPLICATION DATED 16/10/20 THE PETITIONERS REQUESTING FOR DETAILS OF DATA BANK ENTRIES.

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WP(C) NO. 15856 OF 2021

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Exhibit P12 COPY OF RELEVANT PORTION OF THE DATA BANK ENTRIES RELATING TO SY.NO.738 OBTAINED BY THE PETITIONER FROM THE AGRICULTURAL OFFICER, VYTTILA. Exhibit P13 COPY OF GOVERNMENT ORDER NO.1166/20-21/REV DATED 25/02/2021. Exhibit P14 COPY OF APPLICATION DATED 25.11.2021 SUBMITTED BY THE PETITIONERS BEFORE THE ADDL.10^TH RESPONDENT WITH COPY TO THE 7^TH RESPONDENT

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Exhibit P15 COPY OF APPLICATION DATED 25.11.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 6^TH RESPONDENT

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RESPONDENT'S EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

The South Indian Bank Ltd. v. the Kochi Municipal Corporation

Case brief

What is this about?

What did the court decide?

The South Indian Bank Ltd. v. the Kochi Municipal Corporation

Case brief

What is this about?

What did the court decide?

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