Disposed

Santhosh Jacob E. v. the Thrissur Municipal Corporation

Kerala HC16 Feb 2023WP(C)/624/2023

Case brief

AI extract

What is this about?

The Court directed the 2nd respondent to conduct a site inspection of the petitioner's building to ascertain its age for exemption eligibility. Demands were kept in abeyance pending the outcome of the inspection and subsequent orders within two months.

What did the court decide?

Direction to 2nd respondent to conduct site inspection, consider representation regarding building age exemption, and pass orders within two months; demands kept in abeyance.

Santhosh Jacob E. Vs the Thrissur Municipal… — Municipal and Town Planning | 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 MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944

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WP(C) NO. 624 OF 2023

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PETITIONER:

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SANTHOSH JACOB E. AGED 54 YEARS S/O. C.P. JACOB, CHEEROTTOTHAM HOUSE, SAYU VIHAR LAW COLLEGE ROAD, AYYANTHOLE P.O., THRISSUR DISTRICT, KERALA680003., PIN - 680003

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BY ADVS. M.R.DHANIL SENITTA P. JOJO

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RESPONDENTS:

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1 THE THRISSUR MUNICIPAL CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR DISTRICT, KERALA- 680 001., PIN - 680001

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2 THE SECRETARY THRISSUR MUNICIPAL CORPORATION, CORPORATION OFFICE, THRISSUR DISTRICT, KERALA- 680 001., PIN - 680001

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BY ADV SANTHOSH P.PODUVAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 624 OF 2023

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JUDGMENT

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Dated this the 16^th day of February, 2023

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This writ petition is filed challenging Exts.P2 to P6 and seeking a direction to the 2^nd respondent to conduct the site inspection in the building in order to ascertain the age of the building.

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The learned counsel for the petitioner submits that the petitioner had purchased the building from the State Bank of India which had taken over the building under the SARFAESI Act and that the building was an old building and there is an exemption provided in the Building Rules for buildings which were in existence before the Building Rules came into force. It is submitted that Ext.P7 detailed representation has now been preferred by the petitioner before the 2^nd respondent and the same may be considered and in case, it is found in the site inspection conducted that the building is an old building and is entitled to exemption, the benefit of the same may be granted to the petitioner.

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Having considered the contentions advanced and having heard the learned Standing Counsel, there will be a direction to the 2^nd respondent to take up Ext.P7 representation submitted by the

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WP(C) NO. 624 OF 2023

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petitioner and to cause site inspection to be conducted in the property, with notice to the petitioner. After the site inspection, if it is found that the building is entitled to be exemption as sought for by the petitioner, the request made by the petitioner in Ext.P7 shall be considered and appropriate orders passed, within a period of two months from the date of receipt of a copy of this judgment.

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The demands raised shall be kept in abeyance, till orders are

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passed and communicated to the petitioner as directed above.

Sd/-

ANU SIVARAMAN

JUDGE

ska

WP(C) NO. 624 OF 2023

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APPENDIX OF WP(C) 624/2023

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PETITIO	NER EXHIBITS
Exhibit	P1	TRUE COPY OF THE CERTIFICATE DATED 20/07/2019 ISSUED BY THE 2ND RESPONDENT.
Exhibit	P2	TRUE COPY OF THE NOTICE DATED 26/11/2019 ISSUED BY THE 2ND RESPONDENT.
Exhibit	P3	TRUE COPY OF THE RELEVANT PAGE OF THE NOTICE DATED 27/02/2020 ISSUED BY THE THRISSUR MUNICIPAL CORPORATION.
Exhibit	P4	TRUE COPY OF THE NOTICE DATED 27/05/2020 ISSUED BY THE THRISSUR MUNICIPAL CORPORATION.
Exhibit	P5	TRUE COPY OF THE ORDER U/S. 406 (1) OF THE KERALA MUNICIPALITIES ACT, DATED 05/07/2022 ISSUED BY THE 2ND RESPONDENT.
Exhibit	P6	TRUE COPY OF THE COMMUNICATION U/S. 406(2) OF THE KERALA MUNICIPALITIES ACT, DATED 05/07/2022 ISSUED BY THE 2ND RESPONDENT.
Exhibit	P7	TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER DATED 28/01/2023 .
Exhibit	P8	TRUE COPY OF THE RECEIPT OF THRISSUR MUNICIPAL CORPORATION DATED 28/01/2023 .

Santhosh Jacob E. v. the Thrissur Municipal Corporation

Case brief

What is this about?

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Santhosh Jacob E. v. the Thrissur Municipal Corporation

Case brief

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