The High Court of Kerala closed three connected writ petitions regarding the regularization of a building. The court accepted that the interim order conditions were met based on an inspection report and a request for regularization.
The Municipality is directed to regularize the provisional number given to the building.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
WP(C) NO.15279 OF 2020
PETITIONER :-
M.P.JOSEPH, AGED 75 YEARS S/O.LATE PUNNEN, RESIDING AT MALIEKAL HOUSE, PUTHANANGADI P.O., KOTTAYAM, KERALA-686 001.
BY ADV JOMY K. JOSE
RESPONDENTS :-
WP(C) Nos.15279/2020 AND CONNECTED CASES
-: 2 :-
| 9 | ACHAMMA PHILIP KODUTHODIL HOUSE, KINDANGOOR P.O., KOTTAYAM-686 572 |
|---|---|
| 10 | MATHUKUTTY P.V., CHALLAKUZHICKAL, PERUMAPANACHI P.O., KOTTAYAM-686 536 |
| 11 | REENA MATHUKUTTY, CHALLAKUZHICKAL, PERUMAPANACHI P.O., KOTTAYAM-686 536 |
| 12 | GBOY VARGHESE.K.ABRAHAM, KEECHERIYIL HOUSE, KAVUMBHAGAM, THIRUVALLA-689 102, PATHANAMTHITTA DISTRICT |
| 13 | THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, KAVADIYAR P.O., THIRUVANANTHAPURAM-695 003 |
| BY ADVS. SRI.SIBY CHENAPPADY, SC SRI.APPU P.S., GP SRI.PEEYUS A.KOTTAM SRI.HRITHWIK D. NAMBOOTHIRI SRI.ARJUN S BENEDICT |
|
| SRI.AJIT JOY, SC |
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2023 ALONG WITH W.P.(C)Nos.19883/2020 & 14022/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.15279/2020 AND CONNECTED CASES
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
PETITIONER :-
K.T.THOMAS, AGED 56 YEARS S/O.THOMAS, RESIDING AT KOCHUPARAMBIL HOUSE, PUTHANANGADI P.O., KOTTAYAM , KERALA-686 001
BY ADV JOMY K. JOSE
RESPONDENTS :-
1 DISTRICT COLLECTOR, KOTTAYAM CIVIL STATION, KOTTAYAM-686 001. 2 KOTTAYAM MUNICIPALITY, REP BY ITS SECRETARY, MUNICIPALITY OFFICE, KOTTAYAM-686 001. 3 THE SECRETARY, KOTTAYAM MUNICIPALITY, MUNICIPALITY OFFICE, KOTTAYAM-686 001. 4 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, KOTTAYAM-686 001. 5 THE DISTRICT GEOLOGIST, SENIOR GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, CIVIL STATION, KOTTAYAM-686 001. 6 ASSET HOMES PVT LTD., COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT G 129, 28/34D PANAMPILLY NAGAR, KOCHI-682 036 7 ABU C ABRAHAM, CHAKKALAPARAMBIL HOUSE, PUTHANANGADI P.O., KOTTAYAM-686 001. 8 PHILIP JOSEPH KODUTHODIL HOUSE, KIDANGOOR P.O., KOTTAYAM-686 572.
WP(C) Nos.15279/2020 AND CONNECTED CASES
-: 4 :-
| 9 | ACHAMMA PHILIP, KODUTHODIL HOUSE, KIDANGOOR P.O., KOTTAYAM-686 572. |
|---|---|
| 10 | MATHUKUTTY.P.V., CHALLAKUZHICKAL, PERUMPANACHI P.O., KOTTAYAM-686 536 |
| 11 | REENA MATHUKUTTY, CHALLAKUZHICKAL, PERUMPANACHI P.O., KOTTAYAM-686 536 |
| 12 | GBOY VARGHESE K ABRAHAM KEECHERIYIL HOUSE, KAVUMBHAGAM, THIRUVALLA-689 102, PATHANAMTHITTA DISTRICT |
| 13 | THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, KOTTAYAM-686 004. |
| 14 | THE CHIEF TOWN PLANNER (VIGILANCE), OFFICE OF THE CHIEF TOWN PLANNER, KAVADIYAR P.O., THIRUVANANTHAPURAM-695 003. |
| 15 | VISHAGH JOSEPH, ARCHITECHT, BUILDING DESIGNS, SREE POORNA, 54/2970 B AND C, TEMPLE ROAD, COCHI-682 020 |
| 16 | DIRECTOR OF URABAN AFFIARS, DIRECTORATE OF URBAN AFFAIRS, 1ST FLOOR, SWARAJ BHAVAN, NANDANCODE P.O., THIRUVANANTHAPURAM-695 001 |
| 17 | EABRAHAM OOMMEN ALIAS SANTHOSH, KOCHUPARAMBIL HOUSE, PUTHANGADI P.O., KOTTAYAM-686 001 |
| BY ADVS. SRI.SIBY CHENAPPADY SRI.HRITHWIK D. NAMBOOTHIRI SRI.PEEYUS A.KOTTAM |
|
| SRI.AJIT JOY | |
| SRI.APPU P.S., GP |
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2023 ALONG WITH W.P.(C)Nos.15279/2020 & 14022/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.15279/2020 AND CONNECTED CASES
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945 WP(C) NO.14022 OF 2021
PETITIONERS :-
1 ABU C. ABRAHAM, AGED 56 YEARS S/O.C.A.ABRAHAM, RESIDING AT CHAKKALAPARAMBIL HOUSE, PUTHANANGADI P.O., KOTTAYAM-686 001. 2 M/s.ASSET HOMES PVT. LTD., KUNDANNOOR, XV/246E, REPRESENTED BY ITS MANAGING DIRECTOR, SUNIL KUMAR V., S/O. T.V.VASUDEVAN PILLAI. BY ADVS. PEEYUS A.KOTTAM HRITHWIK D. NAMBOOTHIRI ARJUN S BENEDICT
RESPONDENTS :-
1 HUMAN RIGHTS COMMISSION 4TH FLOOR, TURBO PLUS TOWER, PMG ROAD JUNCTION, NEAR PMG, THIRUVANANTHAPURAM, KERALA-695 033, REPRESENTED BY ITS REGISTRAR.
3 M.P.JOSEPH, AGED 75 YEARS S/O.LATE PUNNAN, MALIEKKAL HOUSE, PUTHANANGADI P.O., KOTTAYAM-686 001. BY ADVS. SRI.A.DINESH RAO SRI.AJIT JOY, SC SRI.JOMY K. JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2023 ALONG WITH WP(C)Nos.15279/2020 & 19883/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.15279/2020 AND CONNECTED CASES
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JUDGMENT
[W.P.(C) Nos.15279, 19883 of 2020 and 14022 of 2021] Dated this the 13th day of June, 2023
It is submitted by the learned counsel appearing for the respondent Municipality that pursuant to the interim order dated 10.9.2021, a statement has been placed on record by the Municipality before this Court in W.P.(C) No.15279/2020,
specifically stating that the building site of the 6th respondent had been inspected on 14.9.2022 and a report had been prepared by the
3rd respondent which is produced as Ext.R2(a). It is stated that the inspection revealed that a portion of the retaining wall, which was remaining to be completed as on the date of interim order dated 10.9.2021, has now been completed by the 6th respondent in accordance with the plans submitted before the Municipality. The report of the Secretary dated 14.9.2022 as well as the request dated 2.9.2022 submitted by the 7th respondent is placed on record along with the statement.
In the above view of the matter and in view of the fact
that the 2nd condition specified in the order dated 10.9.2021 now stands complied with, I am of the opinion that nothing survives for
WP(C) Nos.15279/2020 AND CONNECTED CASES
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consideration in these writ petitions. These writ petitions are, therefore, closed. The Municipality shall regularise the provisional number given to the building.
Sd/-
ANU SIVARAMAN JUDGE
Jvt/21.6.2023
2 issues framed by the court
Whether the writ petitions should be closed in view of compliance with interim conditions.
Whether the building site has been regularized after completion of the retaining wall and submission of reports.
M.P. Joseph
K.T. Thomas
Abu C. Abraham
M/s. Asset Homes Pvt. Ltd.
District Collector, Kottayam
Kottayam Municipality
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
