Disposed

James Douglas Cleetus v. State of Kerala

Kerala HC28 Nov 2023WP(C)/30095/2023

Case brief

AI extract

What is this about?

This writ petition challenged the non-decision on an application for residential and ownership certificates submitted to the Kochi Municipal Corporation. The bench directed the corporation to render a decision within four weeks after hearing.

What did the court decide?

Direction to the 4th respondent to consider Ext.P8 application within four weeks after affording hearing to the petitioner.

James Douglas Cleetus Vs State of Kerala — Writ and Judicial Review | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 28TH DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA,

¶4

¶5

WP(C) NO. 30095 OF 2023

¶6

NAME AND ADDRESS OF THE PETITIONER:

¶7

JAMES DOUGLAS CLEETUS
AGED 68 YEARS
S/O K. P. CLEETUS,
RESIDING AT BUILDING NO:1/ 1468A,
KOTTAVALAPU, FORT COCHIN,
ERNAKULAM, PIN – 682 001.

¶8

BY ADV RUBEN GEORGE ROCK

¶9

NAME AND ADDRESS OF THE RESPONDENTS:

¶10

1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.

¶11

2 LOCAL SELF GOVERNMENT DEPARTMENT REPRESENTED BY THE SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,

¶12

PIN – 695 001.

¶13

3 TOURISM DEPARTMENT REPRESENTED BY THE SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,

¶14

PIN – 695 001.

¶15

4 THE KOCHI MUNICIPAL CORPORATION REPRESENTED BY ITS SECRETARY, PARK AVENUE ROAD, COCHIN, PIN – 682 011.

¶16

5 THE SECRETARY KOCHI MUNICIPAL CORPORATION, PARK AVENUE ROAD, COCHIN, PIN – 682 011.

¶17

6 DISTRICT TOURISM PROMOTION COUNCIL REPRESENTED BY SECRETARY, OPP. RAJENDRA MAIDAN, PARK AVENUE ROAD, ERNAKULAM, PIN – 682 011.

¶18

WP(C).No.30095 OF 2023

¶19

¶20

SMT. DEEPA NARAYANAN – SR. GP
ALEXY AUGUSTINE
SRI. K.JANARDHANA SHENOY, SC
R6 - SMT. LATHA SUSAN CHERIAN, SC

¶21

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.11.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶22

WP(C).No.30095 OF 2023

¶23

¶24

JUDGMENT

¶25

The petitioner submitted Ext.P8 application for residential certificate and ownership certificate before the 4^th respondent. The application was filed as early

¶26

as on 21.07.2023. The grievance of the petitioner is that the 4^th respondent has not yet considered the same.

¶27

Heard the learned counsel for the petitioner, the learned Standing Counsel for the Kochi Municipal Corporation and the learned Government Pleader.

¶28

In the facts and circumstances of the case, there will be a direction to the 4^th respondent or other competent officer of the Corporation to consider Ext.P8 application of the petitioner, as expeditiously as possible, at any rate, within a period of four weeks from the date of receipt of a copy of this judgment,

¶29

WP(C).No.30095 OF 2023

¶30

¶31

after affording an opportunity of hearing to the petitioner.

¶32

The writ petition is disposed of with the above

¶33

direction.

¶34

Sd/-

¶35

MURALI PURUSHOTHAMAN
JUDGE

¶36

SPR

¶37

WP(C).No.30095 OF 2023

¶38

¶39

APPENDIX

¶40

PETITIONER’S EXHIBITS :-

¶41

EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT DATED 17.01.2007.

¶42

EXHIBIT P2 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 22.07.2023 PERTAINING TO BUILDING NO. 1/1468A ISSUED BY KOCHI MUNICIPAL CORPORATION.

¶43

EXHIBIT P3 A TRUE COPY OF GOVERNMENT ORDER DATED 02.11.2019 ISSUED BY 3RD RESPONDENT ALONG WITH CLASSIFICATION SCHEME.

¶44

EXHIBIT P4 A TRUE COPY OF GOVERNMENT ORDER DATED 03.06.2022 ISSUED BY 3RD RESPONDENT.

¶45

EXHIBIT P5 A TRUE COPY OF THE APPLICATION DATED 11.04.2023 SUBMITTED BEFORE THE 4TH RESPONDENT.

¶46

EXHIBIT P6 A TRUE COPY OF GOVERNMENT ORDER BEARING NO.85/2023/LSGD DATED 31.03.2023 ISSUED BY 2ND RESPONDENT.

¶47

EXHIBIT P7 A TRUE COPY OF THE LIST OF DOCUMENTS TO BE UPLOADED WITH THE APPLICATION FOR CLASSIFICATION.

¶48

EXHIBIT P8 A TRUE COPY OF THE APPLICATION DATED 21.07.2023 SUBMITTED BY THE PETITIONER ALONG WITH RECEIPT ISSUED BY 4TH RESPONDENT.

¶49

EXHIBIT P9 A TRUE COPY OF THE LETTER DATED 11.01.2021 ISSUED BY THE PANCHAYAT DIRECTOR.

¶50

EXHIBIT P10 A TRUE COPY OF GOVERNMENT ORDER BEARING NO.26/2023/LSGD DATED 05.04.2023 ISSUED BY THE 2ND RESPONDENT.

¶51

EXHIBIT P11 A TRUE COPY OF RELEVANT PAGES OF GOVERNMENT ORDER BEARING NO. 1/2021/PIE&MD DATED 07.10.2021 ISSUED BY DEPARTMENT OF PROGRAM IpMPLEMENTATION EVALUATION AND MONITORING.

¶52

RESPONDENTS EXHIBITS: NIL.

James Douglas Cleetus v. State of Kerala

Case brief

What is this about?

What did the court decide?

James Douglas Cleetus v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

E.v.Joseph Vs the Principal Secretay

Marykutty Vs Union of India

Charly Abraham Vs Union of India

Mathew Vs District Collector

Biju.M.Philip, Vs Union of India

Geetha Mohan Vs Distrtict Collector, Alappuzha District