Disposed

Nicolas P. Dias v. the Chief Town Planner

Kerala HC19 Jun 2023WP(C)/3448/2023

Case brief

AI extract

What is this about?

Multiple writ petitions concerning a commercial building in Thrikkakara Municipality. The court directed the Municipality to consider the request for commercial occupancy of the remaining floors, without relying on objections about the structural plan or road widening, after hearing objectors.

What did the court decide?

Direction to the Secretary of the Municipality to consider the request for commercial occupancy within three months, without raising the objection regarding the structural plan and road widening, afte

Nicolas P. Dias Vs the Chief Town Planner — Municipal and Town Planning | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

MONDAY, THE 19TH DAY OF JUNE 2023 / 29TH JYAISHTA, 1945

¶5

WP(C) NO. 35181 OF 2015

¶6

PETITIONER:

¶7

NICHOLAS P DIAS AGED 68 YEARS S/O.LATE PASCAL DIAS, 4A/985, MERCY VILLA, CLUB JUNCTION, EDAPPALLY.P.O, VAZHAKKALA VILLAGE, THRIKKAKARA MUNICIPALITY, KOCHI-682024.

¶8

BY ADVS.
SRI LAWRENCE D CUNHA
SRI.MADHUSOODANAN K
SRI.MATHEW BONSTANE
SRI.T.G.PAUL
SRI.MATHEW JACOB KUNNATHU

¶9

RESPONDENTS:

¶10

1 THRIKKAKARA MUNICIPALITY THRIKKAKARA, REPRESENTED BY ITS SECRETARY KAKKANADU -682030.

¶11

2 KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE-1, GANDHI NAGAR, ERNAKULAM-682030.

¶12

3 THE DIVISIONAL OFFICER FIRE AND RESCUE SERVICES, ERNAKULAM, PIN-682020.

¶13

4 M.K.ABOOBACKER AGED 54 YEARS

¶14

S/O.M.P.KUTTY, MOOLAYIL HOUISE, VAZHAKKALA VILLAGE, KAKKANADU, PIN-682030.

¶15

5 M.K.UMMER AGED 52 YEARS

¶16

S/O.M.P.KUTTY, MOOLAYIL HOUSE, VAZHAKKALA VILLAGE, KAKKANADU, PIN-682030.

¶17

6 M.K.ABDUL SALAM AGED 41 YEARS

¶18

S/O.M.P.KUTTY, MOOLAYIL HOUSE, VAZHAKKALA VILLAGE, KAKKANADU, PIN-682030.

¶19

7 DR.COL.K.RAVINDRAN NAIR MANAGING DIRECTOR, INSTACURE SURGICAL AND MEDICAL CENTRE(P)LTD., EDAPPALLY 682024.

¶20

8 ADDL.R8. THE SENIOR TOWN PLANNER (VIGILANCE), MINISTRY OF LOCAL SELF GOVERNMENT, 5TH FLOOR, SECRETARIAT ANNEXE, THIRUVANANTHAPURAM-695001. [ADDL.R8. IMPLEADED AS PER ORDER DATED 19.07.2016 IN I.A.11560/2016.]

¶21

WP(C) NOS.35181/2015 AND CON. CASES

¶22

¶23

9ADDL.R9.GEMMA MERCY SIMETHY
AGED 68 YEARS,
D/O.M.A.JOSEPH, PRESIDENT, VYLOPILLY RESIDENTIAL
SOCIETY, KANACHAKKANATT HOUSE, MERCY VILLA,
REG.NO.EKM/TC/234/2019, 1/85, ABBAS HOUSE, CLUB JN.
EDAPPALLY, ERNAKULAM, KOCHI-682 024.

¶24

[ADDL.R9 IS IMPLEADED AS PER ORDER DATED 17.03.2021 IN
I.A.4/2021 IN WP(C).]
SMT.V.H.JASMINE
SRI.T.NAVEEN, SC, KERALA STATE POLLUTION CONTROL BOARD
SMT.K.R.DEEPA, SLP.GP
SRI.C.S.AJITH PRAKASH
SRI.S.RAMESH BABU (SR.)
SRI.PRAVEEN K. JOY
SRI.P.A.SALEEM
SRI.P.RAVINDRA NATH
SRI.S.JAMAL, SC, THRIKKAKARA MUNICIPALITY

¶25

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.06.2023, ALONG WITH WP(C).3448/2023, 12446/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶26

WP(C) NOS.35181/2015 AND CON. CASES

¶27

¶28

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶29

PRESENT

¶30

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶31

MONDAY, THE 19^TH DAY OF JUNE 2023 / 29TH JYAISHTA, 1945

¶32

WP(C) NO. 17964 OF 2016

¶33

PETITIONERS:

¶34

1 M.K.ABOOBACKER AGED 55 YEARS S/O.M.P.KUTTY, MOOLAYIL HOUSE, VAZHAKKALA VILLAGE, KAKKANAD, PIN 682 030.

¶35

2 M.K.UMMER

¶36

AGED 53 YEARS S/O.M.P.KUTTY, MOOLAYIL HOUSE, VAZHAKKALA VILLAGE, KAKKANAD, PIN 682 030.

¶37

3 M.K.ABDUL SALAM AGED 42 YEARS, S/O.M.P.KUTTY, MOOLAYIL HOUSE, VAZHAKKALA VILLAGE, KAKKANAD, PIN 682 030. BY ADVS.

¶38

SRI.C.S.AJITH PRAKASH
SRI.P.A.SALEEM

¶39

RESPONDENTS:

¶40

1 THRIKKAKKARA MUNICIPAL COUNCIL THRIKKAKKARA MUNICIPALITY, THRIKKAKKARA, PIN 682 021. REPRESENTED BY ITS SECRETARY

¶41

2 THE SECRETARY THRIKKAKKARA MUNICIPALITY, THRIKKAKKARA, PIN 682 021.

¶42

3 THE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPRUAM 695 001.

¶43

4 CHIEF TOWN PLANNER OFFICE OF THE CHIEF TOWN PLANNER, NADANCODE, SWARAJ BHAVAN, NATHANCODE, THIRUVANANTHAPURAM 695 003.

¶44

5 THE SENIOR TOWN PLANNER VIGILANCE MINISTRY OF LOCAL SELF GOVERNMENT, 5TH FLOOR, SECRETARIAT, ANNEXE, THIRUVANANTHAPRUAM 695 001.

¶45

WP(C) NOS.35181/2015 AND CON. CASES

¶46

¶47

6NICHOLAS P.DIAS
AGED 68 YEARS,
S/O.LATE PASCAL DIAS, A/985, MERCY VILLA,
CLUB JUNCTION, EDAPPALLY PO, VAZHAKKALA VILLAGE,
THRIKKAKKARA MUNICIPALITY, KOCHI 682 021.
BY ADVS.
SMT.V.H.JASMINE
SMT.K.R.DEEPA, SPL.GP
SRI.LAWRENCE D'CUNHA
SRI.MATHEW JACOB (KUNNATHU)
SRI.MATHEW BONSTANE
SRI.K.MADHUSOODANAN
SRI.T.G.PAUL
SRI.S.JAMAL, SC, THRIKKAKARA MUNICIPALITY

¶48

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.06.2023, ALONG WITH WP(C).35181/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶49

WP(C) NOS.35181/2015 AND CON. CASES

¶50

¶51

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶52

PRESENT

¶53

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶54

MONDAY, THE 19TH DAY OF JUNE 2023 / 29TH JYAISHTA, 1945

¶55

WP(C) NO. 701 OF 2017

¶56

PETITIONERS:

¶57

1 M.K.ABOOBACKER

¶58

AGED 55 YEARS

¶59

S/O.M.P.KUTTY, MOOLAYIL HOUSE,
VAZHAKKALA VILLAGE, KAKKANAD, PIN - 682 030.

¶60

2 M.K.UMMER S/O.M.P.KUTTY, MOOLAYIL HOUSE, VAZHAKKALA VILLAGE, KAKKANAD, PIN - 682 030.

¶61

3 M.K.ABDUL SALAM S/O.M.P.KUTTY,MOOLAYIL HOUSE, VAZHAKKALA VILLAGE, KAKKANAD, PIN - 682 030. BY ADVS.

¶62

SRI.C.S.AJITH PRAKASH
SRI.T.K.DEVARAJAN

¶63

RESPONDENTS:

¶64

1 THE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶65

2 CHIEF TOWN PLANNER OFFICE OF CHIEF TOWN PLANNER, NANDANCODE, SWARAJ BHAVAN, NANTHANCODE, THIRUVANANTHAPURAM - 695003.

¶66

3 SENIOR TOWN PLANNER REGIONAL TOWN PLANNING OFFICE, CIVIL STATION, ERNAKULAM, PIN - 682030.

¶67

4 THRIKKAKKARA MUNICIPAL COUNCIL THRIKKAKKARA MUNICIPALITY, THRIKKAKKARA, PIN - 682 021. REPRESENTED BY ITS SECRETARY

¶68

5 THE SECRETARY THRIKKAKKARA MUNICIPALITY, THRIKKAKKARA, PIN - 682 021.

¶69

WP(C) NOS.35181/2015 AND CON. CASES

¶70

¶71

6ADDL.R6: NICHOLAS P DIAS
AGED 68 YEARS,
S/O LATE.PASCAL DIAS, 4A/985, MERCY VILLA,
CLUB JUNCTION, EDAPPALLY PO, VAZHAKKALA VILLAGE,
THRIKKAKARA MUNICIPALITY, KOCHI-682024.

¶72

(ADDL.R6 IS IMPLEADED AS PER ORDER DATED 22.02.2017 IN
IA 2031/2017.)
SMT.K.R.DEEPA, SPL.GP
SRI.S.JAMAL, SC, THRIKKAKARA MUNICIPALITY
SMT.V.H.JASMINE
SRI.LAWRENCE DCUNHA
SRI.MATHEW JACOB KUNNATHU
SRI.K.MADHUSOODANAN

¶73

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.06.2023, ALONG WITH WP(C).35181/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶74

WP(C) NOS.35181/2015 AND CON. CASES

¶75

¶76

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶77

PRESENT

¶78

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶79

MONDAY, THE 19TH DAY OF JUNE 2023 / 29TH JYAISHTA, 1945

¶80

WP(C) NO. 19920 OF 2019

¶81

PETITIONERS:

¶82

1 M.K.ABOOBACKER

¶83

AGED 57 YEARS
S/O.M.P.KUTTY, MOOLAYIL HOUSE, VAZHAKKALA VILALGE,
KAKKANAD, ERNAKULAM, PIN-682 030.

¶84

2 M.K.UMMER, S/O.M.P.KUTTY, MOOLAYIL HOUSE, VAZHAKKALA VILLAGE, KAKKANAD, ERNAKULAM, PIN-682 030.

¶85

3 M.K.ABDUL SALAM, S/O.M.P.KUTTY, MOOLAYIL HOUSE, VAZHAKKALA VILLAGE, KAKKANAD, ERNAKULAM, PIN-682 030.

¶86

BY ADVS.

¶87

C.S.AJITH PRAKASH
SRI.T.K.DEVARAJAN
SMT.T.N.SREEKALA
SRI.PAUL C THOMAS
SRI.FRANKLIN ARACKAL

¶88

RESPONDENTS:

¶89

1 THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶90

2 THE CHIEF TOWN PLANNER, OFFICE OF CHIEF TOWN PLANNER, NANDANCODE, SWARAJ BHAVAN, NANTHANCODE, THIRUVANANTHAPURAM-695 003.

¶91

3 THE SENIOR TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, CIVIL STATION, ERNAKULAM, PIN-682 030.

¶92

4 THRIKKAKKARA MUNICIPAL COUNCIL, THRIKKAKKARA MUNICIPALITY, THRIKKAKKARA, ERNAKULAM, PIN-682 021, REPRESENTED BY ITS SECRETARY.

¶93

5 THE SECRETATY, THRIKKAKKARA MUNICIPALITY, THRIKKAKKARA, ERNAKULAM, PIN-682 021.

¶94

WP(C) NOS.35181/2015 AND CON. CASES

¶95

¶96

6ADDL.R6.NICHOLAS P DIAS
AGED 71 YEARS,
S/O.LATE PASCAL DIAS, 4A/985, MERCY VILLA,
CLUB JUNCTION, EDAPPALLY.P.O., VAZHAKKALA VILLAGE,
THRIKKAKARA MUNICIPALITY, KOCHI-682024.

¶97

(ADDL.R6 IS IMPLEADED AS PER ORDER DATED 27-7-2020 IN
IA 1.2019).
SMT.K.R.DEEPA, SPL.GP
SRI.S.JAMAL, SC, THRIKKAKARA MUNICIPALITY
SRI.K.MADHUSOODANAN

¶98

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.06.2023, ALONG WITH WP(C).35181/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶99

WP(C) NOS.35181/2015 AND CON. CASES

¶100

¶101

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶102

PRESENT

¶103

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶104

MONDAY, THE 19TH DAY OF JUNE 2023 / 29TH JYAISHTA, 1945
WP(C) NO. 12888 OF 2020

¶105

PETITIONER:

¶106

GEMMA MERCY SIMETHY
AGED 67 YEARS,
D/O.M.A.JOSEPH SIMETHY, PRESIDENT,
VYLOPPILLY RESIDENTIAL SOCIETY,
REGN. NO.EKM/TC/234/2019, 1/85, ABBAS HOUSE,
CLUB JUNCTION, EDAPPALLY, ERNAKULAM, KOCHI - 24.
BY ADV K.V.SABU

¶107

RESPONDENTS:

¶108

1 M.K.ABOOBACKER,

¶109

S/O.M.P.KUTTY, MOOLAYIL HOUSE,
VAZHAKALA VILLAGE, KAKKANAD - 682030.

¶110

2 M.K.UMMER

¶111

S/O.M.P.KUTTY, MOOLAYIL HOUSE,

¶112

VAZHAKKALA VILLAGE, KAKKANAD - 682 030.

¶113

3 M.K.ABDUL SALAM S/O.M.P.KUTTY, MOOLAYIL HOUSE, VAZHAKKALA VILLAGE, KAKKANAD - 682030.

¶114

4 INSTACURE SURGICAL MEDICAL CENTRE PVT.LTD. REPRESENTED BY ITS MANAGING DIRECTOR DR.(COL) K.RAVEENDRAN NAIR, CLUB JUNCTION, EDAPPALLY TOLL, KOCHI - 682 024.

¶115

5 THE THRIKKAKARA MUNICIPAL COUNCIL REPRESENTED BY ITS CHAIRMAN, THRIKKAKARA - 682 021.

¶116

6 THE SECRETARY, THRIKKAKARA MUNICIPALITY THRIKKAKARA, ERNAKULAM - 682 021.

¶117

7 THE SENIOR TOWN PLANNER O/O THE REGIONAL TOWN PLANNING DEPARTMENT, ERNAKULAM - 682 018.

¶118

8 CHIEF TOWN PLANNER PUBLIC BUILDING, THIRUVANANTHAPURAM - 695 003.

¶119

9 DISTRICT MEDICAL OFFICER ERNAKULAM -682011.

¶120

WP(C) NOS.35181/2015 AND CON. CASES

¶121

¶122

10 THE CHIEF ENVIRONMENT ENGINEER POLLUTION CONTROL BOARD, ERNAKULAM - 682020.

¶123

11 THE DISTRICT COLLECTOR ERNAKULAM - 682 030.

¶124

12 SECRETARY TO GOVERNMENT DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM -695 001.

¶125

13 SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 036.

¶126

14 SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 004.

¶127

15 CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM -695 004.

¶128

SRI.C.S.AJITH PRAKASH

¶129

SRI.SALISH ARAVINDAKSHAN
SRI.S.JAMAL, SC, THRIKKAKARA MUNICIPALITY
SMT.K.R.DEEPA, SPL.GP
SRI.T.K.DEVARAJAN
SRI.N.JAGATH
SMT.T.N.SREEKALA
SRI.PAUL C THOMAS
SRI.BABU M.
SMT.ANCY THANKACHAN
SRI.NIDHIN RAJ VETTIKKADAN
SRI.HAARIS MOOSA
SMT.DEVYANI
SMT.V.H.JASMINE

¶130

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.06.2023, ALONG WITH WP(C).35181/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶131

¶132

WP(C) NOS.35181/2015 AND CON. CASES

¶133

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶134

PRESENT

¶135

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶136

MONDAY, THE 19TH DAY OF JUNE 2023 / 29TH JYAISHTA, 1945
WP(C) NO. 12446 OF 2022

¶137

PETITIONER:

¶138

NICOLAS P. DIAS,
AGED 74 YEARS
S/O.PASCAL DIAS, MERCY VILLA, CLUB JUNCTION,
VAZHAALA VILLAGE, EDAPALLY P.O., KANAYANNUR TALUK,
ERNAKULAM DISTRICT, KOCHI-682 024.

¶139

BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
NITHEESH.M
ANIL KUMAR K.N.

¶140

RESPONDENTS:

¶141

1THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT (URBAN) DEPARTMENT,
(TOWN & AND COUNTRY PLANNING, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.

¶142

2 THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, NANTHANCODE, THIRUVANANTHAPURAM-695 001.

¶143

3 THE CHIEF TOWN PLANNER (VIGILANCE), OFFICE OF THE CHIEF TOWN PLANNER, NANTHANCODE, THIRUVANANTHAPURAM-695 001.

¶144

4 THE SENIOR TOWN PLANNER, OFFICE OF THE SENIOR TOWN PLANNER, COLLECTORATE, ERNAKULAM, KOCHI-682 030.

¶145

5 THRIKKAKARA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, THRIKKAKARA, KAKKANAD P.O., ERNAKULAM, KOCHI-682 030.

¶146

WP(C) NOS.35181/2015 AND CON. CASES

¶147

¶148

6THE SECRETARY,
THRIKKAKARA MUNICIPALITY, THRIKKAKARA,
KAKKANAD P.O., ERNAKULAM, KOCHI-682 030.
7M.K.ABOOBACKER,
AGED 59 YEARS
S/O.M.P.KUTTY, MOOLAYIL HOUSE,
VAZHAKALA VILALGE, KAKKAAND, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, KOCHI-682 030.
8M.K.UMMER,
AGED 57 YEARS
S/O.M.P.KUTTY, MOOLAYIL HOUSE,
VAZHAKALA VILLAGE, KAKKAAND, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, KOCHI-682 030.
9M.K.ABDUL SALAM,
AGED 46 YEARS
S/O.M.P.KUTTY, MOOLAYIL HOUSE,
VAZHAKALA VILLAGE, KAKKAAND, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, KOCHI-682 030.
SRI.S.JAMAL, SC, THRIKKAKARA MUNICIPALITY
SMT.K.R.DEEPA, SPL.GP
SRI.C.S.AJITH PRAKASH
SRI.T.K.DEVARAJAN
SRI.PAUL C THOMAS
SRI.FRANKLIN ARACKAL
SRI.M.B.SOORI
SRI.BABU M.
SRI.NIDHIN RAJ VETTIKKADAN
SRI.HAARIS MOOSA
SMT.ANCY THANKACHAN

¶149

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.06.2023, ALONG WITH WP(C).35181/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶150

¶151

WP(C) NOS.35181/2015 AND CON. CASES

¶152

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶153

PRESENT

¶154

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶155

MONDAY, THE 19TH DAY OF JUNE 2023 / 29TH JYAISHTA, 1945
WP(C) NO. 3448 OF 2023

¶156

PETITIONER:

¶157

NICOLAS P. DIAS
AGED 75 YEARS
S/O PASCAL DIAS, MERCY VILLA, CLUB JUNCTION,
VAZHAKALA VILLAGE, EDAPALLY P.O., KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682024

¶158

BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
NITHEESH.M
SUKANYA S.

¶159

RESPONDENTS:

¶160

1THE CHIEF TOWN PLANNER
OFFICE OF THE CHIEF TOWN PLANNER, NANTHANCODE,
THIRUVANATHAPURAM, PIN - 695001

¶161

2 THE SENIOR TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, CIVIL STATION, KAKKANAD ERNAKULAM, KOCHI, PIN - 682030

¶162

3 THRIKKAKARA MUNICIPALITY REPRESENTED BY ITS SECRETARY, THRIKKARA, KAKKANAD P.O., ERNAKULAM, PIN - 682030

¶163

4M/S.INSTACURE SURGICAL AND MEDICAL CENTRE PVT. LTD.
REPRESENTED BY ITS MANAGING DIRECTOR,
DR. COL. K.RAVINDRAN NAIR M.K. COMPLEX,
CLUB JUNCTION, EDAPPALLY TOLL, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682024

¶164

5M.K. ABOOBACKER
AGED 59 YEARS, S/O M.P. KUTTY, MOOLAYIL HOUSE,
VAZHAKALA VILLAGE, KAKKANAD, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, KOCHI, PIN - 682030

¶165

WP(C) NOS.35181/2015 AND CON. CASES

¶166

¶167

6M.K. UMMER
AGED 57 YEARS
S/O M.P. KUTTY, MOOLAYIL HOUSE,
VAZHAKALA VILLAGE, KAKKANAD, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, KOCHI, PIN - 682030
7M.K. ABDUL SALAM
AGED 46 YEARS
S/O M.P. KUTTY, MOOLAYIL HOUSE,
VAZHAKALA VILLAGE, KAKKANAD, KANAYANNUR TALUK,
ERNAKULAM DISTRICT, KOCHI, PIN - 682030
SRI.S.JAMAL, SC
SMT.K.R.DEEPA, SPL.GP
SRI.JAGATH N
SRI.C.S.AJITH PRAKASH
SRI.T.K.DEVARAJAN(K/253/1993)
SRI.BABU M.(K/1324/2019)
SMT.ANCY THANKACHAN(K/1704/2019)
SMT.GOURI KAILASH(K/002177/2022)
SRI.M.B.SOORI(K/310/2015)
SRI.NIDHIN RAJ VETTIKKADAN(K/000060/2020)
SRI.HAARIS MOOSA(K/001173/2016)
SMT.KRISHNENDU.D(K/001297/2021)
SRI.SALISH ARAVINDAKSHAN(K/332/1983)

¶168

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.06.2023, ALONG WITH WP(C).35181/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶169

WP(C) NOS.35181/2015 AND CON. CASES

¶170

¶171

JUDGMENT

¶172

[WP(C) Nos.35181/2015, 17964/2016, 701/2017, 19920/2019, 12888/2020, 12446/2022, 3448/2023]

¶173

Dated this the 19^th day of June, 2023

¶174

The subject matter of these writ petitions is the construction carried out by the petitioners in W.P.(C).No.19920/2019. The learned counsel for

¶175

the petitioners in the said case submits that the petitioners had obtained a building permit as evidenced by Ext.P3. It is submitted that occupancy certificates were also issued for the ground and first floor of the building constructed on the strength of Ext.P3 building permit. Thereafter, objections were raised with regard to the change of occupancy sought for by the petitioners from a commercial building to a hospital building. It is contended that several rounds of litigations have occurred between the petitioners, the Municipality and the objectors. It is submitted that Ext.P11 judgment was rendered by a learned Single Judge of this Court on 04.12.2018 wherein it was held that the question with regard to the objections to the use of the building has to be raised before the Municipality and that the issue has to be considered by the Municipality in accordance with law. It is submitted that pursuant to Ext.P13

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judgment rendered by a Division Bench of this Court in appeal preferred by the petitioners from Ext.P11, the petitioners had been permitted to apply before the Municipality for exclusion of their area from the DTP scheme and it was held that if such representation is submitted, the same will be considered by the Municipality.

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The learned counsel for the petitioners submits that Ext.P10 proceedings of the Committee for regularization of unauthorized constructions would show that the main objection raised with regard to the construction of the commercial building was that, in view of the widening proposed to the Edapally-Pukkattupady road, there is a requirement of set back of 16.5m. It is further submitted by the learned counsel for the petitioners that pursuant to the judgment of a Division Bench of this Court in Pradeep Kumar P. B. and others v. Maradu Municipality and others [2022 (3) KHC 253], the petitioners had submitted a purchase notice under Section 67 of the Kerala Town and Country Planning Act, 2016 (hereinafter referred as ‘the Act’) on 12.04.2019 and that no specific reply had been granted by the Municipality as provided in Section 67 of the Act. It is submitted by the learned counsel for the petitioners that the lessee who had taken the

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WP(C) NOS.35181/2015 AND CON. CASES

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building on lease for the conduct of the hospital has stopped the functioning of the hospital and that the petitioners are therefore not desirous of pursuing the application for change of occupancy. It is submitted that since two floors of the building have already been numbered by the Municipality on the basis of the directions issued by this Court, the only remaining question is with regard to the numbering of the remaining floors of the building.

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The learned Government Pleader would submit that, even in case a Section 67 application has been submitted by the petitioners, the Municipality is duty bound to take steps to forward the matter to the competent authorities for the varying of the structural plan through proper channel and that the said steps have not been taken by the Municipality so far.

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The learned counsel for the Municipality submits that the request for variation has already been forwarded to the Government and that nothing further is required to be done by the Municipality in respect of the same.

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The learned counsel appearing for the petitioners in the connected

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writ petitions submit that there are several objections to the building permit granted to the petitioners in W.P.(C).No.19920/2019 apart from the issue with regard to the set back in accordance with the structural plan. It is submitted that such objections are also liable to be considered when the application submitted by the petitioners in W.P.(C). No.19920/2019 for occupancy and numbering of the remaining floors is being considered.

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Having considered the contentions advanced, I am of the opinion that in view of the affidavits submitted by the petitioners in W.P.(C). No.19920/2019 contending that the functioning of the hospital has been stopped and the they do not intend to use the building for the conduct of a hospital any longer, the question with regard to grant of occupancy for the remaining floors of the building under commercial occupancy is liable to be considered in accordance with law. In the light of the judgment of a Division Bench of this Court in The Town Planner v. Joseph Jacob & Others [W.A. No.179/2023] and since Ext.P14 purchase notice issued by the petitioner has not evoked any response, the respondents cannot contend that the request for occupancy certificate has

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WP(C) NOS.35181/2015 AND CON. CASES

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to await the variation of the structural plan at the hands of the Government.

¶193

In the result, these writ petitions are disposed of with a direction to the Secretary of the Municipality to consider the request with regard to commercial occupancy, in accordance with law, without raising the objection with regard to the structural plan and the road widening of the Edappally-Pukkattupady road proposed in the same. However, the objectors shall also be heard and their objections, if any, with regard to any other violations shall also be considered in accordance with law. The matter shall be reconsidered with notice to the petitioners as well as the objectors and an appropriate decision shall be taken by the Municipality within a period of three months from the date of receipt of a copy of this judgment.

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These writ petitions are ordered accordingly.

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Sd/-

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ANU SIVARAMAN

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JUDGE

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NP

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WP(C) NOS.35181/2015 AND CON. CASES

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APPENDIX OF WP(C) 35181/2015

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`PETITIONER’S EXH` `Exhibit P1`	`IBITS` `COPY OF THE` `THE MULTISTO` `R3 TO R12`	`CERTIFICAT` `RIED BUILD`	`E (NOC)NO.D1-2713/13 OF` `ING DATED 30-8-2013 BY`
`Exhibit P2`	`COPY OF THE` `MULTISTORIED` `RESPONDENT`	`REVISED BU` `BUILDING`	`ILDING PERMIT OF THE` `ISSUED BY THE 1ST`
`Exhibit P3`	`COPY OF THE` `MULTISTORIED`	`OCCUPANCY` `BUILDING`	`CERTIFICATE OF THE` `DATED 05.09.2014`
`Exhibit P4`	`COPY OF THE` `PETITIONER T` `20.11.2013`	`MEMORANDUM` `O THE 2ND`	`SUBMITTED BY THE` `RESPONDENT DATED`
`Exhibit P5`	`COPY OF THE` `ENCLOSING TH` `R2 DATED 04.`	`LETTER NO.` `E MINUTES` `04.2014`	`PCB/EKM/DO1/CC 38/13` `OF THE MEETING HELD BY`
`Exhibit P6`	`COPY OF THE` `SURGICAL AND` `NO.C2 & C3 L` `BY THE 2ND R`	`CONSENT TO` `MEDICAL C` `ETTER NO.R` `ESPONDENT`	`ESTABLISH INSTACURE` `ENTRE(P)LTD IN BLDG` `14 ERRCTE308495 ISSUED` `DATED 19.12.2014`
`Exhibit P7`	`COPY OF THE` `HON'BLE OMBU` `26.03.2015`	`STATEMENT` `DSMAN BY T`	`SUBMITTED BEFORE THE` `HE ENGINEER DATED`
`Exhibit P8`	`COPY OF THE` `DEPT.OF THE`	`NOTICE ISS` `R2 TO R7 D`	`UED BY THE HEALTH` `ATED 19.08.2015`
`Exhibit P9`	`COPY OF THE` `2ND RESPONDE`	`SHOW CAUSE` `NT DATED 2`	`NOTICE ISSUED BY THE` `2.06.2015`
`Exhibit P10`	`COPY OF THE` `ISSUED BY R2` `TO R7 DATED`	`LETTER NO.` `-R1 TO CAN` `10.09.2015`	`PCB/EKM/DO-1/OA-234/14` `CEL THE LICENSE ISSUED` `.`
`Exhibit P11`	`COPY OF THE` `THE PETITION`	`REPLY OF T` `ER DATED 2`	`HE 1ST RESPONDENT TO` `0.10.2015.`
`Exhibit P12`	`TRUE COPY OF` `DISTRICT TOW`	`THE APPLI` `N PLANNER`	`CATION SUBMITTED TO THE` `DATED 21.01.2016`
`Exhibit P13`	`TRUE COPY OF` `DISTRICT TOW`	`THE REPLY` `N PLANNER`	`RECEIVED FROM THE` `DATED 27.01.2016`
`Exhibit P14`	`TRUE COPY OF` `CHIEF TOWN P` `30.10.2015 W` `NO.451671/RB`	`THE REPOR` `LANNER, TH` `ITH COVERI` `I/16 DATED`	`T SUBMITTED TO THE` `IRUVANANTHAPURAM DATED` `NG LETTER` `03.03.2016.`
`Exhibit P15`	`TRUE COPY OF` `DATED 21.10.`	`THE WRIT` `2013.`	`PETITION NO.25748/2013`

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WP(C) NOS.35181/2015 AND CON. CASES

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`Exhibit P16`	`TRUE COPY OF THE` `DATED 26.11.2013`	`ORDER IN WPC 25748/2013`
`Exhibit P17`	`TRUE COPY OF THE`	`APPLICATION DATED 06.04.2016`
`Exhibit P18`	`TRUE COPY OF THE` `02.05.2016`	`REPLY RECEIVED DATED`
`Exhibit P19`	`TRUE COPY OF THE`	`PETITION DATED 07.04.2016`
`Exhibit P20`	`TRUE COPY OF THE` `ISSUED BY THE FIR`	`NOTICE DATED 19.10.2016` `ST RESPONDENT`
`Exhibit P21`	`TRUE COPY OF THE` `DATED 02.03.2015` `2015 IN OS NO.232` `ERNAKULAM`	`ADVOCATE COMMISSIONER REPORT` `SUBMITTED IN I.A. 1602 OF` `OF 2015 OF MUNSIFF’S COURT`
`Exhibit P22`	`TRUE COPY OF THE` `AND TECHNICAL REP` `SUBMITTED IN IA 3` `2015 OF MUNSIFF’S`	`ADVOCATE COMMISSIONER REPORT` `ORT DATED 20.09.2016` `978 OF 2016 IN OS NO.232 OF` `COURT ERNAKULAM`
`Exhibit P23`	`TRUE COPY OF THE`	`JUDGMENT IN WPC 10457/2016`
`Exhibit P24`	`TRUE COPY OF THE` `CONSENT TO OPERAT`	`POLLUTION CONTROL BOARD-` `E-DATED 12.07.2016`
`Exhibit P25`	`TRUE COPY OF THE` `DATED 31.10.2016`	`JUDGMENT IN WPC 34800/2016`
`Exhibit P26`	`TRUE COPY OF THE` `DISTRICT COMMITTE` `UNAUTHORIZED CONS`	`ORDER OF THE CONVENER OF THE` `E FOR REGULARIZATION OF` `TRUCTIONS DATED 29.10.2018`
`Exhibit P27`	`TRUE COPY OF THE` `DATED 28.05.2019`	`ORDER OF THE GOVT. OF KERALA`
`Exhibit P28`	`TRUE COPY OF THE` `2.03.2019 DECLINI` `APPLICANT.`	`ORDER NO.C1/9632/2016 DATED` `NG THE REQUEST OF THE`
`Exhibit P29`	`TRUE COPY OF THE` `THE KMBR RULES SU` `ENGINEER`	`REPORT ON THE VIOLATIONS OF` `BMITTED BY MUNICIPAL`
`Exhibit P30`	`TRUE COPY OF THE` `NO.232/2015 OF MU`	`JUDGMENT AND DECREE IN OS` `NSIFF COURT, ERNAKULAM`
`Exhibit P31`	`TRUE COPY OF THE` `SLP(C)NO.25111/20`	`PROCEEDINGS IN` `13`
`Exhibit P32`	`TRUE COPY OF THE` `POSSESSION CERTIF`	`ORDER CANCELLING THE` `ICATE`
`Exhibit P33 A&B`	`TRUE COPY OF THE` `PRESENT STATUS OF`	`PHOTOGRAPHS SHOWING THE` `THE BUILDING`
`Exhibit P34`	`TRUE COPY OF THE` `22/07/2017`	`RTI APPLICATION DATED`
`Exhibit P35`	`TRUE COPY OF THE` `13667/17/RTI DATE`	`REPLY LETTER NO H1-` `D 21/08/2017`

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WP(C) NOS.35181/2015 AND CON. CASES

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Exhibit P36TRUE COPY OF THE RTI APPLICATION DATED
09/04/2018
Exhibit P37TRUE COPY OF THE LETTER DATED LETTER NO H1-
7011/18I DATED 10/05/2018
Exhibit P38TRUE COPY OF THE RTI APPLICATION DATED
02/02/2022
Exhibit P39TRUE COPY OF THE REPLY LETTER NO H1-2211/22
DATED 26/02/2022
Exhibit P40TRUE COPY OF THE RTI APPLICATION DATED
02/02/2022
Exhibit P41TRUE COPY OF THE REPLY LETTER NO E3-2212/22
DATED 02/03/2022
RESPONDENTS’ EXHIBITS:
EXHIBIT R4(A)A TRUE COPY OF THE PLAINT IN O.S.NO.232/2015
EXHIBIT R4(B)A TRUE COPY OF THE COMMISSION REPORT FILED BY
THE ADVOCATE COMMISSIONER MR.R.RAJESH DATED
12.03.2015
EXHIBIT R4(C)A TRUE COPY OF THE INJUNCTION APPLICATION
FILED BY THE PETITIONER
EXHIBIT R4(D)A TRUE COPY OF THE OBJECTION FILED IN THE
INJUNCTION BY THIS RESPONDENT
EXHIBIT R4(E)A TRUE COPY OF THE PETITION FILED BEFORE THE
LEARNED OMBUDSMAN DATED 20.1.2015
EXHIBIT R4(F)A TRUE COPY OF THE PETITION DATED 20.4.2015
FILED BEFORE THE LEARNED OMBUDSMAN FOR
ORDERING VIGILANCE ENQUIRY.
EXHIBIT R4(G)A TRUE COPY OF THE PROCEEDINGS NO.D/2002/18
DDS DATED 29.10.2018
EXHIBIT R4(H)A TRUE COPY OF THE JUDGMENT IN W.A
NO.804/2019 DATED 03.04.2019
EXHIBIT R4(I)A TRUE COPY OF THE LETTER NO.RD/2/97/2019
LSGD DATED 07.03.2020 ISSUED BY THE PRINCIPAL
SECRETARY TO THE MUNICIPAL SECRETARY
EXHIBIT R4(J)A TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 10.02.2021
EXHIBIT R4(K)A TRUE COPY OF THE LAND TAX RECEIPT DATED
08.02.2020 ISSUED BY THE VILLAGE OFFICE,
VAZHAKKALA
EXHIBIT R4(L)A TRUE COPY OF THE JUDGMENT IN WP(C)
NO.25748/2013 DATED 26.11.2013
EXHIBIT R4(M)TRUE COPY OF THE JUDGMENT IN WP(C)
NO.37858/2017 DATED 04.12.2018
EXHIBIT R7(A)TRUE COPY OF THE RELEVANT EXTRACT FROM THE
APPLICATION FOR CONSENT TO OPERATE

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`EXHIBIT R7(B)`	`TRUE COPY OF THE JUDGMENT DATED 18.03.2016 IN` `WP(C)NO.10457/16`
`EXHIBIT R7(C)`	`TRUE COPY OF THE INSPECTION REPORT DATED` `12.6.2015`
`ANNEXURE-1`	`TRUE COPY OF THE CERTIFICATE UNDER THE KERALA` `PRIVATE HOSPITALS AND PRIVATE PARAMEDICAL` `INSTITUTIONS REGISTRATION RULES OBTAINED FOR` `THE YEAR 2014-15 DATED 13.03.2015`
`ANNEXURE-2`	`TRUE COPY OF THE CERTIFICATE OF REGISTRATION` `FOR THE YEAR 2015-16 DATED 18.5.2015`
`ANNEXURE-3`	`TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF` `REQUISITE FEE FOR THE REGISTRATION FOR` `RENEWAL OF THE CERTIFICATE DATED 4.2.2016`
`ANNEXURE-4`	`TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF` `PROFESSION TAX DATED 4.2.2016`
`ANNEXURE-5`	`TRUE COPY OF THE LETTER DATED 3.9.2016 FROM` `THE MUNICIPALITY TO THE SENIOR TOWN PLANNER` `RECOMMENDING THE CHANGE IN CATEGORY TOGETHER` `WITH THE PLAN`
`ANNEXURE-6`	`TRUE COPY OF THE CONSENT TO OPERATE DATED` `10.09.2015`
`ANNEXURE-7`	`TRUE COPY OF THE PLAINT AS OS NO.23 OF 2015` `BEFORE THE MUNSIFF COURT, ERNAKULAM`

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APPENDIX OF WP(C) 17964/2016

¶215

`PETITIONERS’`	`ANNEXURES`
`EXHIBIT P1`	`A TRUE COPY` `NO.5550275 D` `VAZHAKKALA V`	`OF THE` `ATED 2` `ILLAGE`	`LAND TAX RECEIPT` `.11.2015 ISSUED BY THE`
`EXHIBIT P2`	`A TRUE COPY` `INITIALLY OB`	`OF THE` `TAINED`	`APPROVED BUILDING PLAN` `BY THE PETITIONERS`
`EXHIBIT P3`	`A TRUE COPY` `APPROVED ON`	`OF THE` `13.5.2`	`REVISED BUILDING PLAN` `014`
`EXHIBIT P4`	`A TRUE COPY` `THE 1ST RESP`	`OF THE` `ONDENT`	`BUILDING PERMIT ISSUED BY` `DATED 10.9.2013`
`EXHIBIT P5`	`A TRUE COPY` `2015`	`OF THE`	`PLAINT IN OS NO.232 OF`
`EXHIBIT P6`	`A TRUE COPY` `NO.232/2015`	`OF THE`	`COMMISSION REPORT IN OS`
`EXHIBIT P7`	`A ;TRUE COPY` `FILED BY THE` `AFFIDAVIT`	`OF TH` `PETIT`	`E INJUNCTION APPLICATION` `IONER ALONG WITH THE`
`EXHIBIT P8`	`A TRUE COPY` `LEARNED OMBU` `20.1.2015`	`OF THE` `DSMAN`	`PETITION FILED BEFORE THE` `OP NO.127/2015 DATED`
`EXHIBIT P9`	`A TRUE COPY` `IN OP NO.127` `THE 6TH RESP` `OMBUDSMAN`	`OF THE` `/2015` `ONDENT`	`PETITION, IA NO.10 OF 2015` `DATED 20.4.2015 FILED BY` `BEFORE THE LEARNED`
`EXHIBIT P10`	`A TRUE COPY` `WPC NO.35181`	`OF THE` `/2015`	`COUNTER AFFIDAVIT FILED IN` `WITHOUT ITS ANNEXURES`
`EXHIBIT P11`	`A TRUE COPY` `ANNEXURES FI` `10.3.2016`	`OF THE` `LED BY`	`PETITION WITHOUT ITS` `THE 6TH RESPONDENT DATED`
`EXHIBIT P12`	`A TRUE COPY` `PLANNER VIGI` `LOCAL SELF G`	`OF THE` `LANCE` `OVERNM`	`REPORT SIGNED BY THE TOWN` `AND UNDER SECRETARY TO` `ENT DATED 30.10.2015`
`RESPONDENTS’`	`EXHIBITS:`
`EXHIBIT R6(A)`	`TRUE COPY OF` `05.09.2014 I` `MUNICIPALITY`	`THE O` `SSUED`	`CCUPANCY CERTIFICATE DATED` `BY THE THRIKKAKARA`
`EXHIBIT R6(B)`	`TRUE COPY OF` `THE HON’BLE` `26.03.2015.`	`THE S` `OMBUDS`	`TATEMENT SUBMITTED BEFORE` `MAN BY THE ENGINEER DATED`
`EXHIBIT R6(C)`	`TRUE COPY OF` `THRIKKAKARA`	`THE N` `MUNICI`	`OTICE ISSUED BY THE` `PALITY DATED 19.08.2015.`

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EXHIBIT R6(D)TRUE COPY OF THE N.O.C NO.D1-2713/13 OF THE
MULTI STORIED BUILDING DATED 30.08.2013.
EXHIBIT R6(E)TRUE COPY OF THE APPLICATION DATED 06.04.2016
SUBMITTED BEFORE THE 1ST RESPONDENT.
EXHIBIT R6(F)TRUE COPY OF THE REPLY DATED 02.05.2016.
EXHIBIT R6(G)TRUE COPY OF THE NOTICE PUBLISHED BY THE
INSTA CURE SPECIALTY HOSPITAL REGARDING THE
MEDICAL CAMP TO BE HELD ON 17.07.2016.
EXHIBIT R6(H)TRUE COPY OF THE MASS PETITION SUBMITTED BY
THE LOCAL RESIDENTS BEFORE THE RESPONDENTS
EXHIBIT R6(I)TRUE COPY OF NEWS PAPER REPORT

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WP(C) NOS.35181/2015 AND CON. CASES

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APPENDIX OF WP(C) 701/2017

¶222

`PETITIONERS’`	`EXHIBITS`
`EXHIBIT-P1`	`A TRUE COPY OF THE` `NO.5550275 DATED 02` `VAZHAKKALA VILLAGE.`	`LAND TAX RECEIPT` `.11.2015 ISSUED BY THE`
`EXHIBIT-P2`	`A TRUE COPY OF THE` `DATED 4.7.2016 EXEC` `FAVOUR OF THE PETIT`	`RELEASE DEED NO.1934/16` `UTED BY AMINA M.K.IN` `IONERS.`
`EXHIBIT-P3`	`A TRUE COPY OF THE` `DATED 26.07.2016 CO` `ISSUED BY THE VILLA`	`POSSESSION CERTIFICATE` `VERING THE ENTIRE EXTEND` `GE OFFICER, VAZHAKKALA.`
`EXHIBIT-P4`	`A TRUE COPY OF THE` `NO.4948843 DATED 26`	`LAND TAX RECEIPT` `.07.2016.`
`EXHIBIT-P5`	`A TRUE COPY OF BUIL` `1ST RESPONDENT DATE`	`DING PERMIT ISSUED BY THE` `D 10.09.2013.`
`EXHIBIT-P6`	`A TRUE COPY OF THE` `TOWN PLANNER VIGILA`	`PROCEEDINGS ISSUED BY THE` `NCE.`
`EXHIBIT-P7`	`A TRUE COPY OF THE` `10.05.2016.`	`PROVISIONAL ORDER DATED`
`EXHIBIT-P8`	`A TRUE COPY OF THE` `COVERAGE.`	`REVISED PLAN HAVING 40%`
`EXHIBIT-P9`	`A TRUE COPY OF THE` `MUNICIPALITY NO.BA.`	`FORWARDING LETTER OF THE` `234/13 DATED 03.09.2016.`
`EXHIBIT-P10`	`A TRUE COPY OF THE` `NO.34800/2016 DATED`	`JUDGMENT IN WP(C)` `31.10.2016.`
`EXHIBIT-P11`	`A TRUE COPY OF THE` `DEFECT ISSUED BY TH` `DATED 05.10.2016 TO` `COPY TO THE 1ST PET`	`LETTER POINTING OUT THE` `E SENIOR TOWN PLANNER` `THE MUNICIPALITY WITH` `ITIONER.`
`EXHIBIT-P12`	`A TRUE COPY OF THE` `IN W.P(C) NO.25748`	`JUDGMENT DATED 26.11.2013` `OF 2013.`
`EXHIBIT-P13` `RESPONDENTS’`	`A TRUE COPY OF THE` `18.11.2016 FORWARDE` `PLANNER.` `EXHIBITS: NIL`	`REPLY NO.BA-234/13 DATED` `D TO THE SENIOR TOWN`

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WP(C) NOS.35181/2015 AND CON. CASES

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¶225

¶226

`PETITIONERS’ EXH` `EXHIBIT P1`	`IBITS` `A TRUE COPY OF THE` `DATED 26.07.2016 CO` `ISSUED BY THE VILLA`	`POSSESSION CERTIFICATE` `VERING THE ENTIRE EXTEND` `GE OFFICER, VAZHAKKALA.`
`EXHIBIT P2`	`A TRUE COPY OF THE` `NO.4948843 DATED 26`	`LAND TAX RECEIPT` `.07.2016.`
`EXHIBIT P3`	`A TRUE COPY OF THE` `THE 1ST RESPONDENT`	`BUILDING PERMIT ISSUED BY` `DATED 10.09.2013.`
`EXHIBIT P4`	`A TRUE COPY OF THE` `COVERAGE SUBMITTED` `20.07.2016.`	`REVISED PLAN HAVING 40%` `BY THE PETITIONERS DATED`
`EXHIBIT P5`	`A TRUE COPY OF THE` `ISSUED BY THE MUNIC`	`NOTICE DATED 11.10.2013` `IPALITY.`
`EXHIBIT P6`	`A TRUE COPY OF THE` `IN WPC NO.25748 OF`	`JUDGMENT DATED 26.11.2013` `2013.`
`EXHIBIT P7`	`A TRUE COPY OF THE` `IN WPC NO.5261 OF 2`	`JUDGMENT DATED 23.02.2017` `017.`
`EXHIBIT P8`	`A TRUE COPY OF THE` `DATED 01.08.2017 OF` `THIRUVANANTHAPURAM.`	`ORDER NO.C1/9632/2016` `THE CHIEF TOWN PLANNER,`
`EXHIBIT P9`	`A TRUE COPY OF THE` `NO.753/2017 DATED 0`	`ORDER IN APPEAL` `9.08.2018.`
`EXHIBIT P10`	`A TRUE COPY OF THE` `CONVENER OF THE COM` `OF UNAUTHORIZED CON` `29.10.2018.`	`ORDER PASSED BY THE` `MITTEE FOR REGULARIZATION` `STRUCTION DATED`
`EXHIBIT P11`	`A TRUE COPY OF THE` `NO.37858/2017 DATED`	`COMMON JUDGMENT IN WPC` `04.12.2018.`
`EXHIBIT P12`	`A TRUE COPY OF THE` `SUBMITTED BY THE PE` `RESPONDENT DATED 31` `ANNEXURES.`	`REVIEW APPLICATION` `TITIONERS BEFORE THE 1ST` `.12.2018 WITHOUT ITS`
`EXHIBIT P13`	`A TRUE COPY OF THE` `IN WA NO.804/2019.`	`JUDGMENT DATED 03.04.2019`
`EXHIBIT P14`	`A TRUE COPY OF THE` `PETITIONERS TO THE` `12.04.2019.`	`NOTICE ISSUED BY THE` `MUNICIPALITY DATED`
`EXHIBIT P15`	`A TRUE COPY OF THE` `THE SECRETARY DATED`	`COMMUNICATION ISSUED BY` `18.05.2019.`
`EXHIBIT P16`	`A TRUE COPY OF THE` `SUBMITTED BY THE PE` `MUNICIPALITY.`	`LETTER DATED 26.05.2019` `TITIONERS TO THE`

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WP(C) NOS.35181/2015 AND CON. CASES

¶228

¶229

`EXHIBIT P17`	`A TRUE COPY OF THE APPLICATION DATED` `26.05.2019 SUBMITTED BY THE PETITIONERS TO` `THE GOVERNMENT WITHOUT ITS ANNEXURES AS` `DIRECTED BY THE MUNICIPALITY.`
`EXHIBIT P18`	`A TRUE COPY OF THE FINAL SET OF BUILDING PLAN` `SUBMITTED ALONG WITH THE EXT.P17 APPLICATION.`
`EXHIBIT P19`	`A TRUE COPY OF THE COMMUNICATION` `NO.15/RB/1/2019/LSGD DATED 28.05.2019 ISSUED` `BY THE SECRETARY TO GOVERNMENT LSGD.`
`EXHIBIT P20`	`A TRUE COPY OF THE LETTER FORWARDED BY THE` `THRIKKAKKARA MUNICIPALITY TO THE ADDITIONAL` `CHIEF SECRETARY DATED 29.05.2019.`
`EXHIBIT P21`	`A TRUE COPY OF THE REPRESENTATION SUBMITTED` `BY THE PETITIONERS BEFORE THE ADDITIONAL` `CHIEF SECRETARY AND TO THE THRIKKAKARA` `MUNICIPAL COUNCIL DATED 24.06.2019 REQUESTING` `TO TAKE ACTION IN TERMS OF THE JUDGMENT OF` `THE HON'BLE DIVISION BENCH.`
`EXHIBIT P22`	`A TRUE COPY OF THE INTERIM ORDER IN CRL.MC` `NO.269 OF 2019 DATED 11.01.2019.`
`EXHIBIT P23`	`A TRUE COPY OF THE STAY ORDER IN I.A.` `NO.4444/2019 IN A.S. NO.79/2019 DATED` `30.07.2019.`
`EXHIBIT P24`	`A TRUE COPY OF THE PROCEEDINGS NO.D/2002/18` `D.DIS DATED 29.10.2018`
`EXHIBIT P25`	`A TRUE COPY OF THE LETTER NO RD` `2/97/2019/LSGD DATED 7.3.2020`
`EXHIBIT P26`	`A TRUE COPY OF THE LETTER FORWARDED FROM THE` `THRIKKAKARA MUNICIPALITY DATED 07.06.2019.`
`RESPONDENTS’ EXHI`	`BITS`
`EXHIBIT R6(A)`	`TRUE COPY OF THE CORRECTED POSSESSION` `CERTIFICATE; AND`
`EXHIBIT R6(B)`	`TRUE COPY OF THE ADVICE MEMO ISSUED TO THE` `MUNICIPAL SECRETARY`
`EXHIBIT R6(C)`	`TRUE COPY OF THE THANDAPER REGISTER`
`EXHIBIT R6(D)`	`TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED` `20.01.2013 ISSUED BY THE THRIKKAKARA` `MUNICIPALITY`
`EXHIBIT R6(E)`	`TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED` `05.09.2014 ISSUED BY THE THRIKKAKARA` `MUNICIPALITY`
`EXHIBIT R6(F)`	`TRUE COPY OF THE REVISED PLAN SUBMITTED TO` `THE MUNICIPALITY FOR GETTING THE APPROVAL` `(EXHIBIT P3)`

¶230

WP(C) NOS.35181/2015 AND CON. CASES

¶231

29

¶232

EXHIBIT R6(G)TRUE COPY OF THE PETITION FILED IN WPC 25748
OF 2013 DATED 21.10.2013.
EXHIBIT R6(H)TRUE COPY OF THE REPORT OF THE INSPECTION OF
THE PROPERTY DATED 30.10.2015 OF THE CHIEF
TOWN PLANNER (VIGILANCE)
EXHIBIT R6(I)TRUE COPY OF THE DECREE IN OS.NO.232 OF 2015
EXHIBIT R6(J)TRUE COPY OF THE REPORT SUBMITTED BY THE
SECRETARY THRIKKAKARA MUNICIPALITY BEFORE THE
HONOURABLE HIGH COURT OF KERALA
EXHIBIT R6(K)COPY OF THE LETTER OF THE SENIOR TOWN PLANNER
DATED 28.10.2016
EXHIBIT R6(L)COPY OF THE CIRCULAR DATED 30.07.2007
EXHIBIT R2(A)TRUE COPY OF THE ORDER OF THE CTP
NO.CI/9632/2016 DATED 02.03.2019.
EXHIBIT R2(B)TRUE COPY OF THE CIRCULAR
NO.304282/RD2/15/LSGD DATED 18.02.2016.
ANNEXURE R5(a)TRUE COPY OF THE NOTICE 7.3.2020

¶233

WP(C) NOS.35181/2015 AND CON. CASES

¶234

¶235

APPENDIX OF WP(C) 12888/2020

¶236

`PETITIONER’S` `EXHIBIT P1`	`EXHIBITS` `A COPY OF THE REGISTRATION CERTIFICATE BEARING` `NO.EKM/TC/234/2019.`
`EXHIBIT P2`	`A COPY OF THE CANCELLATION CERTIFICATE ISSUED` `FROM THE VILLAGE OFFICE, VAZHAKKALA DT.` `19/5/18.`
`EXHIBIT P3`	`A COPY OF THE APPLICATION FOR HOSPITAL` `SUBMITTED BY THE 4TH RESPONDENT.`
`EXHIBIT P4`	`A COPY OF THE COMPLAINT DT. 17/7/2016 BEFORE` `THE GRAMASABHA OF WARD NO.1.`
`EXHIBIT P5`	`COPY OF THE LETTER DT. 19/8/15 ISSUED FROM THE` `HEALTH INSPECTOR OF 5TH AND 6TH RESPONDENTS.`
`EXHIBIT P6`	`A COPY OF THE REPORT OBTAINED FROM STATE` `PUBLIC INFORMATION OFFICER DT. 3/03/2016.`
`EXHIBIT P7`	`A COPY OF THE FINAL NOTICE DT. 31/10/16 ISSUED` `BY THE 6TH RESPONDENT.`
`EXHIBIT P8`	`A COPY OF THE PUBLIC NOTICE DT. 19/1/17 ISSUED` `FROM THE 6TH RESPONDENT.`
`EXHIBIT P9`	`A COPY OF THE ORDER NO.C1/9632/2016 DT. 1/6/17` `ISSUED BY THE 8TH RESPONDENT.`
`EXHIBIT P10`	`A COPY OF THE ORDER DT. 2/3/19 BEARING` `NO.C1/9632/2016 PASSED BY THE 8TH RESPONDENT.`
`EXHIBIT P11`	`A COPY OF THE LETTER DT. 29/5/19 BEARING` `NO.128/RB/2019/LSGD.`
`EXHIBIT P12`	`A COPY OF THE NOTICE DT. 27/5/18 ISSUED BY THE` `6TH RESPONDENT.`
`EXHIBIT P13`	`A COPY OF THE LETTER ISSUED FROM DISTRICT` `MEDICAL OFFICER, ERNAKULAM DT. 19/2/2020` `BEAWRING NO.2314/2020.`
`EXHIBIT P14`	`A COPY OF THE REPRESENTATION DT. 30/1/2020` `SUBMITTED BY THE PETITIONER'S RESIDENTIAL` `ASSOCIATION.`
`EXHIBIT P15`	`COPY OF THE ACKNOWLEDGMENT ISSUED FROM THE` `DISTRICT COLLECTOR DT. 4/2/2020.`
`Exhibit P16`	`A COPY OF THE APPLICATION DT 2.2.2022`
`Exhibit P17`	`COPY OF THE REPLY ISSUED BY THE 5TH RESPONDENT` `DT 26.2022`
`Exhibit P18`	`A COPY OF THE ORDER SUBMITTED BY 7TH` `RESPONDENT`
`RESPONDENTS’`	`EXHIBITS:`
`EXT.R4(1)`	`TRUE COPY OF THE REGISTRATION CERTIFICATE` `DATED 21.05.2019 BY THE TRIKKARA MUNICIPALITY`

¶237

WP(C) NOS.35181/2015 AND CON. CASES

¶238

¶239

`EXT.R4(2)`	`RECEIPT OF PAYMENT OF FEES FOR REGISTRATION` `CERTIFICATE DATED 4.2.2020`
`EXT.R4(3)`	`TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE` `DATED 26.03.2019 BY POLLUTION CONTROL BOARD`
`EXT.R4(4)`	`TRUE COPY OF THE JUDGMENT OF THIS HON’BLE` `COURT IN WRIT PETITION NO.22446/2018 DATED` `03.04.2019`
`EXT.R4(5)`	`TRUE COPY OF THE ORDER IN IA. NO 667/2019,` `TRIBUNAL FOR LSGI DATED 22/4/19`
`EXHIBIT R1(A)`	`A TRUE COPY OF THE JUDGMENT DATED 04.12.2018` `IN WP(C).NO.37858/2017 AND CONNECTED CASE`
`EXHIBIT R1(B)`	`TRUE COPY OF THE SO-CALLED PETITION DATED` `06.06.2017 FILED BY SREEKALA M NAIR ON BEHALF` `OF THE JANAKEEYA SAMITHI TO THE ENVIRONMENTAL` `ENGINEER`
`EXHIBIT R1(C)`	`A TRUE COPY OF THE BUILDING PERMIT DATED` `10.09.2013, ISSUED BY THE THRIKKAKARA` `MUNICIPALITY`
`EXHIBIT R1(D)`	`A TRUE COPY OF THE PROPERTY TAX RECEIPT` `NO.28354 DATED 05.01.2013 ISSUED BY THE` `THRIKKAKARA MUNICIPALITY`
`EXHIBIT R1(E)`	`A TRUE COPY OF THE LICENCE ISSUED BY THE` `THRIKKAKARA MUNICIPALITY DATED 13.03.2015 TO` `THE HOSPITAL NAMELY INSTACURE SURGICAL &` `MEDICAL CENTER`
`EXHIBIT R1(F)`	`A TRUE COPY OF THE CONSENT TO OPERATE, GRANTED` `BY THE KERALA STATE POLLUTION CONTROL BOARD` `DATED 12.07.2016`
`EXHIBIT R1(G)`	`A TRUE COPY OF THE REVISED PLAN SUBMITTED BY` `THE RESPONDENT FOR PARTIAL CHANGE OF OCCUPANCY`
`EXHIBIT R1(H)`	`A TRUE COPY OF THE JUDGMENT IN WP(C).` `NO.29352/18 DATED 26.09.2018`
`EXHIBIT R1(I)`	`A TRUE COPY OF THE PROCEEDINGS OF THE` `TAHSILDAR (LAND RECORDS), TALUK OFFICE,` `KANAYANOOR, NO.S2/19907/2020 DATED 05.02.2021`
`EXHIBIT R1(J)`	`A TRUE COPY OF THE LAND TAX RECEIPT DATED` `08.02.2021 ISSUED BY THE VAZHAKKALA VILLAGE`
`EXHIBIT R1(K)`	`A TRUE COPY OF THE POSSESSION CERTIFICATE` `NO.54447378 DATED 10.02.2021, ISSUED BY THE` `VILLAGE OFFICER, VAZHAKKALA`
`EXHIBIT R1(L)`	`A TRUE COPY OF THE OCCUPANCY CERTIFICATE DATED` `05.09.2014 ISSUED BY THE THRIKKAKARA` `MUNICIPALITY`
`EXHIBIT R1(M)`	`A TRUE COPY OF THE JUDGMENT DATED 03.04.2019` `IN W.A NO. 804/19`

¶240

WP(C) NOS.35181/2015 AND CON. CASES

¶241

¶242

APPENDIX OF WP(C) 12446/2022

¶243

`PETITIONER’S EX` `Exhibit P1`	`HIBITS` `TRUE COPY OF THE` `02.05.1991 ON THE`	`SALE DEED NO.689/1991 DATED` `FILE OF THE SRO, THRIKKAKARA.`
`Exhibit P2`	`TRUE COPY OF THE` `02.05.1991 ON THE`	`SALE DEED NO.691/1991 DATED` `FILE OF THE SRO, THRIKKAKARA.`
`Exhibit P3`	`TRUE COPY OF THE` `RESPECT OF THE PE` `NO.2600.`	`TAX RECEIPT DATED 11.1.2022 IN` `TITIONERS PROPERTY IN THANDAPER`
`Exhibit P4`	`TRUE COPY OF THE` `RESPECT OF THE PE` `NO.3336.`	`TAX RECEIPT DATED 11.1.2022 IN` `TITIONERS PROPERTY IN THANDAPER`
`Exhibit P5`	`TRUE COPY OF THE` `DATED 10.09.2013`	`BUILDING PERMIT NO.BA/234/13` `ISSUED BY THE 5TH RESPONDENT.`
`Exhibit P6`	`TRUE COPY OF REPO` `CTPVIG/967/14 & C` `THE 3RD RESPONDEN` `(VIGILANCE).`	`RT NO.CTPVIG/198/13,` `TPVIG/247/5 DATED 03.03.2016` `T CHIEF TOWN PLANNER`
`Exhibit P7`	`TRUE COPY OF THE` `NO,C1/.9632/2016`	`ORDER OF THE 2ND RESPONDENT` `DATED 01.06.2017.`
`Exhibit P8`	`TRUE COPY OF THE` `04.10.2019 IN WPC` `HONORUABLE COURT`	`COUNTER AFFIDAVIT DATED` `NO.19920/2019 BEFORE THIS` `OF THE 1ST RESPONDENT.`
`Exhibit P9`	`TRUE COPY OF THE` `DATED 13.02.2020` `THIS HONOURABLE C`	`ADDITIONAL COUNTER AFFIDAVIT` `IN WPC NO.19920/2019 BEFORE` `OURT OF THE 1ST RESPONDENT.`
`Exhibit P10`	`TRUE COPY OF THE` `SUBMITTED BY THE` `ALONG WITH POSTAL` `ACKNOWLEDGEMENT (`	`APPLICATION DATED 18.02.2O22` `PETITIONER TO THE 6H RESPONDENT` `RECEIPTS (6 IN NUMBER) AND` `4 IN NUMBER).`
`Exhibit P11`	`TRUE COPY OF THE` `DATED 28.02.2022`	`LETTER NO.RBI/95/2022-LSGD` `ISSUED BY THE 1ST RESPONDENT.`
`Exhibit P12`	`TRUE COPY OF THE` `20.4.2022 NO. T P` `PETITIONER.`	`6TH RESPONDENT'S NOTICE DATED` `-1-3358/22 ISSUED TO THE`
`Exhibit P13`	`TRUE COPY OF THE` `05.05.2022 SUBMIT` `COPY OF THE OVERS`	`PETITIONER'S APPLICATION DATED` `TED TO THE 6TH RESPONDENT FOR` `EER'S REPORT.`
`Exhibit P14`	`TRUE COPY OF THE` `5.5.2022 SUBMITTE` `ASCERTAINING THE`	`PETITIONER'S APPLICATION DATED` `D TO THE 6TH RESPONDENT FOR` `MATTER AND SUBMIT REPORT.`

¶244

WP(C) NOS.35181/2015 AND CON. CASES

¶245

¶246

Exhibit P15TRUE COPY OF THE OFFICE NOTES CONTAINING THE
OVERSEER'S RECOMMENDATION DATED 2.3.2022 ISSUED
BY THE 6TH RESPONDENT TO THE PETITIONER.
Exhibit P16TRUE COPY OF THE JUDGMENT DATED 30.1.2021 IN
A.S. NO. 79/2019 OF THE DISTRICT COURT,
ERNAKULAM
Exhibit P17TRUE COPY OF THE JUDGMENT DATED 16.8.2022 IN
W.P.(C) 15611/2022 OF THIS HONOURABLE COURT
RESPONDENTS’ EXHIBITS
Exhibit R7(a)A TRUE COPY OF THE JUDGMENT IN W.A NO 618/2016
DATED 30/03/2017.
Exhibit R7(b)A TRUE COPY OF THE ORDER NO C1/9632/2016 DATED
1/8/2017 OF THE CTP.
Exhibit R7(c)A TRUE COPY OF THE IMPLEADING PETITION FILED BY
SMT.JEMMA MERCY SIMETHY IN WP(C) 35181/2016.
Exhibit R7(d)A TRUE COPY OF THE JUDGMENT IN W.A NO.804 OF
2019 DATED 03/04.2019.
Exhibit R7(e)A TRUE COPY OF JUDGMENT IN WP(C) NO. 37858 OF
2017 DATED 04/12/2018.
Exhibit R7(f)A TRUE COPY OF THE PROCEEDINGS NO. D/2002/2018
DDS DATED 29/10/2018.
Exhibit R7(g)A TRUE COPY OF THE REVISED PLAN SUBMITTED FOR
REGULARIZATION DATED 29/03/2017.
Exhibit R7(h)A TRUE COPY OF THE REPORT FORWARDED BY THE
SECRETARY OF THE MUNICIPALITY DATED 29/05/2019
TO THE ADDITIONAL CHIEF SECRETARY.
Exhibit R7(i)A TRUE COPY OF ORDER IN IA 1/2021 IN OS 142/2021
DATED 09/04/2021.
Exhibit R7(j)A TRUE COPY OF THE JUDGMENT IN CMA 24/2021 DATED
30/06/2022.
Exhibit R7(k)A TRUE COPY OF INTERIM ORDER DATED 13/05/2022 IN
WP(C) NO.15611/2022.
Exhibit R7(l)A TRUE COPY OF THE PROCEEDINGS OF THE
TAHASILDAR, KANAYANNUR TALUK DATED 05/02/2021.
Exhibit R7(m)A TRUE COPY OF THE JUDGMENT IN WP(C) NO.
7168/2021 DATED 25/03/2022.

¶247

WP(C) NOS.35181/2015 AND CON. CASES

¶248

¶249

APPENDIX OF WP(C) 3448/2023

¶250

PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF THE BUILDING PERMIT NO.
BA/234/13 DATED 10.9.2013 ISSUED BY THE 3RD
RESPONDENT

¶251

Exhibit P2TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT
NO. C1/9632/2016 DATED 1.6.2017
Exhibit P3TRUE COPY OF THE ORDER DATED 9.8.2018 IN
APPEAL NO. 753/2017 OF THE LOCAL SELF
GOVERNMENT TRIBUNAL THIRUVANANTHAPURAM
Exhibit P4TRUE COPY OF THE JUDGMENT DATED 23.2.2017 IN
W.P.(C) NO.5261/2017 OF THIS HONOURABLE COURT
RESPONDENTS’ EXHIBITS
Exhibit R5(a)A TRUE COPY OF THE ORDER DATED 09/04/2021 IN
IA 1/2021 IN OS 142/2021 PASSED BY THE 1ST
ADDITIONAL MUNSIFF'S COURT
Exhibit R5(b)A TRUE COPY OF THE ORDER DATED 30/06/2022 IN
CMA 24/2021 OF THE 2ND ADDITIONAL DISTRICT
JUDGE, ERNAKULAM
Exhibit R5(c)A TRUE COPY OF THE JUDGMENT DATED 25/03/2022
IN W.P.(C) 7168/2021
Exhibit R5(d)A TRUE COPY OF THE ORDER NO C19632/2016 DATED
02/03/2019 ISSUED BY THE CHIEF TOWN PLANNER
Exhibit R5(e)A TRUE COPY OF THE JUDGMENT WA NO 618/2017
DATED 30/03/2017
Exhibit R5(f)A TRUE COPY OF THE IMPLEADING PETITION FILED
BY THE WIFE OF THE PETITIONER IN W.P.(C)
35181/2015
Exhibit R5(g)A TRUE COPY OF THE INTERIM ORDER OF THE LSGD
TRIBUNAL IN I.A NO 667/ 2019 IN APPEAL
NO.286/2019 DATED 22/04/2019 AND ITS TYPED
COPY

Nicolas P. Dias v. the Chief Town Planner

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Nicolas P. Dias v. the Chief Town Planner

Case brief

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