Disposed

Hafsal M.S., v. the Secretary

Kerala HC6 Dec 2021WP(C)/27278/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking issuance of occupancy certificate and NOC. Relying on the 3rd respondent's submission that the valve chamber is accessible without removing the fence, the Court directed the 1st and 2nd respondents to issue the occupancy certificate within six weeks.

What did the court decide?

Direct respondents 1 & 2 to issue occupancy certificate within six weeks based on 3rd respondent's submission regarding valve chamber access.

Hafsal M.S., Vs the Secretary — Municipal and Town Planning | 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 6^TH DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943

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WP(C) NO. 27278 OF 2020

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PETITIONER:

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HAFSAL M.S., AGED 37 YEARS, S/O.SHAMSUDEEN, MANTHURUTHY HOUSE, BAVARAPARAMBU, THAMMANAM P.O., ERNAKULAM, KOCHI 682 032

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BY ADVS. K.P.JUSTINE (KARIPAT) JOSEPH GEORGE.A

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RESPONDENTS:

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THE SECRETARY KALAMASSERY MUNICIPALITY, KALAMASSERY 682 033 2 THE ASSISTANT ENGINEER (TOWN PLANNING) KALAMASSERY MUNICIPALITY, KOCHI 682 033 3 THE MANAGER (TECHNICAL) KINFRA HIGH TECH PARK, OPPO.GOVERNMENT MEDICAL COLLEGE, HMT COLONY P.O., KALAMASSERY 683 503 BY ADVS SRI.P.U.SHAILAJAN, FOR R3 SRI.M.K.ABOOBACKER, SC, FOR R1 & R2

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 27278 OF 2020

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T.R. RAVI, J.

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W. P. (C). No. 27278 of 2020

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Dated this the 6^th day of December, 2021

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JUDGMENT

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The writ petition has been filed praying for a direction to

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respondents 1 and 2 to issue occupancy certificate for the building of the petitioner and also for a direction to the 3^rd respondent to issue an NOC, if any, needed for issuance of the occupancy certificate to the petitioner.

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The 3^rd respondent has filed a counter affidavit stating that on verification of the site by the officials of the KINFRA it is found that the petitioner constructed the building just about 2.5 metre away from the pipeline an d the valve chamber constructed by KINFRA and that a fence has been constructed whereby the valve chamber has been brought within the fence blocking the entry for operating the valve. The main objection raised is that without removing the fence, the occupancy certificate cannot be issued to the petitioner. Petitioner has filed I.A.No.1 of 2021 producing along with some photographs to show that

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WP(C) NO. 27278 OF 2020

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there is no fence existing and that the valve chamber can be accessed. Another contention that is taken by respondents is that the pipeline belongs to the Southern Railway and a no objection from them may also be required. Petitioner has produced as Ext.P10, the No Objection Certificate issued by the Southern Railway. As such, the said objection is no longer be relevant. The counsel for the 3^rd respondent submitted that if the present situation is maintained, permitting access to the valve chamber, they have no objection in the grant of occupancy certificate to the petitioner. The above submission is recorded.

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The writ petition is disposed of directing the respondents 1 & 2 to issue occupancy certificate to the petitioner based on the submission of the 3^rd respondent and taking into account the fact that that there is no fencing around the value chamber preventing access. The order shall be issued within six weeks from the date of receipt of a copy of this judgment.

T.R.RAVI

JUDGE

WP(C) NO. 27278 OF 2020

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APPENDIX OF WP(C) 27278/2020

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PETITIONER'S EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE AADHAR CARD OF THE PETITIONER
EXHIBIT P2	TRUE COPY OF THE SALE DEED NO.2226/2018 OF SUB REGISTRAR OFFICE, EDAPPALLY
EXHIBIT P3	TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DATED 31/12/2019
EXHIBIT P4	TRUE COPY OF THE POSSESSION CERTIFICATE
EXHIBIT P5	TRUE COPY OF THE RECEIPT NO.13366/2020 DATED 3.9.2020
EXHIBIT P6	TRUE COPY OF THE LETTER DATED 29.9.2020 OF THE 2ND RESPONDENT
EXHIBIT P7	TRUE COPY OF THE LETTER OF THE 3RD RESPONDENT SENT TO THE 1ST RESPONDENT
EXHIBIT P8	TRUE COPY OF THE REPRESENTATION DATED 27.11.2020
EXHIBIT P10	TRUE COPY OF NOC NO.V/W.280/NO/TCR/1081 DATED 13.12.2019 ALONG WITH SKETCH
EXHIBIT P11	TRUE COPY OF PHOTOGRAPH A
EXHIBIT P12	TRUE COPY OF PHOTOGRAPH B
EXHIBIT P13	TRUE COPY OF PHOTOGRAPH C
EXHIBIT P14	TRUE COPY OF PHOTOGRAPH D

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WP(C) NO. 27278 OF 2020

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RESPONDENTS' EXHIBITS

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EXHIBIT R3(A)	TRUE COPY BY SRI.XAV DIRECTOR,	OF THE NOTICE DATED 16.3.2020 SENT IOUR ROCKY BEFORE THE MANAGING KINFRA
EXHIBIT R3(B)	TRUE COPY 10.8.2020 KINFRA TO	OF THE REPLY LETTER DATED SENT BY THE MANAGING DIRECTOR, SRI.XAVIOUR JOCKY
EXHIBIT R3(C)	TRUE COPY SECRETARY, 29.9.2020	OF THE NOTICE ISSUED BY THE KALAMASSERY MUNICIPALITY DATED TO THE RESPONDENT NO.3
EXHIBIT R3(D)	TRUE COPY 9.10.2020 SECRETARY,	OF THE REPLY LETTER DATED SENT BY THE RESPONDENT NO.3 TO THE KALAMASSERY MUNICIPALITY

Hafsal M.S., v. the Secretary

Case brief

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Hafsal M.S., v. the Secretary

Case brief

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