Disposed

K.V. Jose v. Thodupuzha Municipality

Kerala HC10 Aug 2023WP(C)/18114/2023

Case brief

AI extract

What is this about?

The Court disposed of this writ petition by directing the 1st respondent, Thodupuzha Municipality, to consider the petitioner's statutory application for approval of a building site and pass a final order within two months after giving an opportunity of hearing to the petitioner and the additional 4th respondent.

What did the court decide?

Directed the 1st respondent (Thodupuzha Municipality) to pass a final order on the Ext.P2 application within two months after giving an opportunity of hearing to the petitioner and the additional 4th

K.V. Jose Vs Thodupuzha Municipality — Property and Title | Kerala HC (2023)

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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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THURSDAY, THE 10^TH DAY OF AUGUST 2023 / 19TH SRAVANA, 1945 WP(C) NO. 18114 OF 2023

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PETITIONERS:

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1 K.V. JOSE AGED 62 YEARS S/O. K.P. VARKEY, KAKKANATT HOUSE, ULLAPALLIKKARA, PERUMPALLOOR P.O., MARADI, MOOVATTUPUZHA, ERNAKULAM, PIN – 686673.

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2 V.U. SIDDIQ AGED 70 YEARS S/O. A.U. UMMER, VELIYATHUKUDY, MARKET P.O., MOOVATUPUZHA, ERNAKULAM, PIN – 686773.

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3 P.M. RASHEED AGED 62 YEARS S/O. P.V. MUHAMMED HAJI, PADINJARECHALIL, MARKET P.O, MOOVATUPUZHA, ERNAKULAM – 686773.

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BY ADVS. V.K.PEERMOHAMED KHAN GIRISH KUMAR V.C ASNA M.B. P.B.KRISHNAN(K/1193/1994)

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RESPONDENTS:

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1 THODUPUZHA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, THODUPUZHA P.O, IDUKKI, PIN – 685584.

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2 ASSISTANT EXECUTIVE ENGINEER THODUPUZHA MUNICIPALITY, MUNICIPAL OFFICE, THODUPUZHA P.O, IDUKKI, PIN – 685584.

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W.P.(C) No.18114 of 2023

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3 SOUTH INDIAN BANK LTD REPRESENTED BY ITS AUTHORISED OFFICER, REGIONAL OFFICE, REGENCY SQUARE, K.K. ROAD, COLLECTORATE, P.O, KOTTAYAM, PIN – 686002.

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ADDL.R4 THOMAS C A S/O. OUSEPH, AGED 77 YEARS, CHARALIL HOUSE, THODUPUZHA.P.O , THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

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[ADDITIONAL 4TH RESPONDENT IS IMPLEADED AS PER ORDER DATED 10.08.2023 IN I.A.NO.1/2023]

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BY ADVS. SHRI.UNNIKRISHNAN V.ALAPPATT, STANDING COUNSEL MOHAN JACOB GEORGE P.M.JOSHI P.V.PARVATHY REENA THOMAS NIGI GEORGE BONNY BABY VISHNU PRASAD PRASOON.K.P SRUTHI SUNILKUMAR SIJI K.PAUL K.M.RESHMI, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.18114 of 2023

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J U D G M E N T

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Dated this the 10^th day of August, 2023

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The writ petition has been filed by the petitioner, who has purchased 20.24 Ares of land comprised in Survey No.313/10/2 in Thodupuzha Village along with a building standing thereon, seeking to quash Exts.P3 and P4 and to direct respondents 1 and 2 to issue necessary orders to transfer the Building Permit in the name of the petitioner as requested in Ext.P2.

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Counsel for the petitioner submitted that the petitioner

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has filed application for approval of the Building Site. It is evident from the pleadings that in effect, Ext.P2 application is for regularisation of the construction of the building.

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W.P.(C) No.18114 of 2023

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Standing Counsel entered appearance on behalf of the

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1^st respondent and submitted that there are a number of Building Rule violations which were pointed out to the petitioner in Exts.P3 and P4 communications and unless the petitioner cure all those defects, the application cannot be considered. The Standing Counsel for the 1^st respondent would further submit that the validity of the Building Permit has also expired. There are civil disputes also between the petitioner and the previous owner of the property.

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Counsel for the additional 4^th respondent submitted that a portion of the building is situated within the property of the petitioner. It is an encroachment. Though there was a mediated settlement earlier, the settlement has not been effectuated as parties to the settlement have not complied with the conditions of the settlement. In view of the above, the petitioner is not entitled

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to any relief in this writ petition, contended the additional 4^th

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W.P.(C) No.18114 of 2023

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respondent.

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I have heard the learned Counsel for the petitioner, the

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learned Standing Counsel for the 1^st respondent, the learned Standing Counsel for the 3^rd respondent and the learned Counsel for the additional 4^th respondent.

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It is evident from the pleadings and arguments that the building constructed falls short of certain requirements under the Building Rules and the Corporation authorities have pointed out certain defects to the petitioner in Exts.P3 and P4. It is also a fact that there is a dispute relating to the alleged encroachment of the building to the property of the additional 4^th respondent. There is also a mediated settlement in the matter.

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Be that as it may, the petitioner has submitted Ext.P2 application for approval of the Building Site / regularisation of the building. Ext.P2 being a statutory application, the competent authority has to consider the same and pass appropriate orders

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W.P.(C) No.18114 of 2023

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thereon within a reasonable time, on the merits of the application. In the circumstances, it would be only proper that the 1^st respondent is directed to pass orders on Ext.P2.

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In view of the above, the writ petition is disposed of directing the 1^st respondent-Thodupuzha Municipality to take a decision on Ext.P2 application and pass a final order thereon within a period of

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two months, after giving an opportunity of hearing to the petitioner and the additional 4^th respondent. It is made clear that I have not spoken anything on merits on the application submitted by the petitioner.

Sd/-

N. NAGARESH

JUDGE

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W.P.(C) No.18114 of 2023

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APPENDIX OF WP(C) 18114/2023

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE SALE CERTIFICATE REGISTERED IN THE NAME OF THE PETITIONERS VIDE NO. 2929/I/2022 OF THODUPUZHA SRO Exhibit P2 TRUE COPY OF THE APPLICATION DATED 07.03.2023 SUBMITTED BY THE PETITIONERS Exhibit P3 TRUE COPY OF THE LETTER DATED 24.03.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE LETTER DATED 20.04.2023 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 18.06.2018 IN W.P(C) NO.17567/2017 Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 11.07.2019 IN W.P(C) NO. 40137 OF 2018 Exhibit P7 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT

K.V. Jose v. Thodupuzha Municipality

Case brief

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K.V. Jose v. Thodupuzha Municipality

Case brief

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