High Court of KeralaWP(C)/562/2015disposed of

A J John v. The Thrissur Corporation And Another

2015-02-02Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 WP(C).No. 562 of 2015 (U) -------------------------- PETITIONER:

-------------- A J JOHN, AGED 39 YEARS, S/O.ALUKKA JOSE, RESIDING AT PUTHUSSERY HOUSE, EAST FORT, CHELAKKOTTUKKARA, THRISSUR DISTRICT. BY ADVS.SRI.T.C.SURESH MENON SRI.P.S.APPU RESPONDENTS:

----------------

1. THE THRISSUR CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR-680 001.

2. THE EXECUTIVE ENGINEER THRISSUR CORPORATION THRISSUR-680 001.

R1-R2 BY ADV. SRI.K.P.VIJAYAN, SC,THRISSUR CORPORATION R1-R2 BY ADV. SRI.V.N.HARIDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 562 of 2015 (U) -------------------------- APPENDIX PETITIONER'S EXHIBITS:

---------------------------- EXT.P1.TRUE COPY OF THE TAX RECEIPT DATED 21/4/2014 ISSUED BY THE VILLAGE OFFICE, CHIYYARAM.

EXT.P2.TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICE, CHIYYARAM TO THE PETITIONER DATED 27/12/2014. EXT.P3.TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 19/12/2014.

EXT.P3(e).TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P3. EXT.P4.TRUE COPY OF THE PHOTOGRAPHS DEPICTING THE LIE OF THE PETITIONER'S PROPERTY DATED NIL.

EXT.P5.TRUE COPY OF THE JUDGMENT IN WPC NO.18776/2014 ON THE FILE OF THIS HONOURABLE COURT DATED 22/7/2014.

RESPONDENTS' EXHIBITS : NIL ------------------------------- /True Copy/ P.A to Judge.

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 562 of 2015 (U) ---------------------------------- Dated this the 2nd day of February, 2015.

JUDGMENT

In the light of the ratio laid down in Ext.P5 judgment, this Court disposes of the writ petition on the same lines applying the ratio laid down by the learned single Judge in the said judgment, thereby setting aside Ext.P3.

Consequently, the 1st respondent is directed to consider the petitioner's application for building permission afresh, if necessary, by referring the matter to the District Town Planner, after subjecting the land in question to physical verification, and thereafter pass appropriate orders thereon, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. sd/- DAMA SESHADRI NAIDU, JUDGE.

W.P.(C) No.19225/2014 -2-