Disposed

Dr.Sivaji Jaganathan v. State of Kerala

Kerala HC19 Aug 2022WP(C)/16542/2022

Case brief

AI extract

What is this about?

Writ petition filed by husband and wife to quash a defect notice regarding their Building Permit application and direct the Corporation of Thiruvananthapuram to accept the application under the Interim Development Order within one month.

What did the court decide?

Direction to the 3rd respondent-Corporation to reconsider the Building Permit application and take a decision within one month.

Dr.Sivaji Jaganathan Vs State of Kerala — Kerala HC (2022) — LawSathi Research

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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 N.NAGARESH

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FRIDAY, THE 19^TH DAY OF AUGUST 2022 / 28TH SRAVANA, 1944 WP(C) NO. 16542 OF 2022

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PETITIONERS:

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1 DR.SIVAJI JAGANATHAN AGED 63 YEARS S/O PROF. JAGANNATHA PANICKER, SIVAJI SAPPHIRE, JAWHAR NAGAR, KOWDIAR P.O.SASTHAMANGALAM, THIRUVANANTHAPURAM. PIN 695 003

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2 CHITRA SIVAJI, W/O SIVAJI JAGANATHAN, SIVAJI SAPPHIRE, JAWHAR NAGAR, KOWDIAR P.O. SASTHAMANGALAM, THIRUVANANTHAPURAM. PIN - 695 003.

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BY ADVS. V.M.KRISHNAKUMAR MAYA M.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN - 695 001

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2 REGIONAL TOWN PLANER, OFFICE OF THE REGIONAL TOWN PLANNER, PULIMOODU, THIRUVANANTHAPURAM. PIN - 695 011.

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WP(C) NO. 16542 OF 2022

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3 THE CORPORATION OF THIRUVANANTHAPURAM, CORPORATION BUILDING, THIRUVANANTHAPURAM. PIN- 695 033 REPRESENTED BY SECRETARY.

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BY ADVS. N.NANDAKUMARA MENON (SR.) SHRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION SRI.SYAMANTHAK B S, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 16542 OF 2022

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JUDGMENT

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Dated this the 19^th day of August, 2022

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The petitioners, who are husband and wife, have filed this writ petition seeking to quash Ext.P6 and to command the 3^rd respondent-Corporation to reconsider the Building Permit application submitted by the petitioners and further to grant Building Permit for construction of the special residential building in the petitioners' property within such time as may be fixed by this Court.

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By Ext.P6 order, the 3^rd respondent-Corporation noted a defect in the Building Permit application. It was noted that Survey Nos.1365 and 1366 fall within the DTP Scheme. Survey No.1365 is a land proposed to be acquired for commercial development and Survey No.1366 is a land reserved for commercial use as per the DTP Scheme.

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WP(C) NO. 16542 OF 2022

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The petitioners submit that there is an Interim Development Order which came into force in the year 2017 and the application should be governed by Clause 3.16.1.2 of the Interim Development Order.

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I have heard the learned Senior Counsel for the petitioners, the learned Government Pleader representing respondents 1 and 2 and the learned Senior Standing Counsel representing the 3^rd respondent.

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The limited prayer of the petitioners is to direct the Corporation Authorities to reconsider petitioners’ Building Permit application. The petitioners would submit that the law laid down by this Court in Exts.P4 and P5 judgments would govern the field and the Building Permit application should be reconsidered in the light of the said judgments of this Court.

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In view of the limited prayer made by the petitioners, the writ petition is disposed of directing the 3^rd respondent to reconsider the Building Permit application submitted by the

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WP(C) NO. 16542 OF 2022

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petitioners adverting to Exts.P4 and P5 judgments of this Court also. A decision in this regard shall be taken within a

period of one month.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) NO. 16542 OF 2022

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APPENDIX OF WP(C) 16542/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF INTERIM DEVELOPMENT ORDER GO(MS). NO. 180/2017/LSGD DATED 11.09.2017. Exhibit P2 TRUE COPY OF THE RELEVANT PART MAP OF EXT.P1 INTERIM DEVELOPMENT ORDER AS REGARDS PETITIONERS' PROPERTIES. Exhibit P3 TRUE OF THE RELEVANT ZONAL REGULATION OF THE INTERIM DEVELOPMENT ORDER OF THIRUVANANTHAPURAM CORPORATION. Exhibit P4 TRUE OF COPY THE JUDGMENT IN WA.NO.1776/2019 DATED 26.11.2019 Exhibit P5 TRUE COPY OF THE DECISION REPORTED IN 2022 (2) KHC 318. Exhibit P6 TRUE COPY OF THE NOTICE DATED 8.04.2022 ISSUED TO THE PETITIONER BY THE 3RD ESPONDENT CORPORATION

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RESPONDENT'S/S EXHIBITS : NIL

Dr.Sivaji Jaganathan v. State of Kerala

Case brief

What is this about?

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Dr.Sivaji Jaganathan v. State of Kerala

Case brief

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