High Court of KeralaWP(C)/2082/2015disposed of

Tessly Louis v. State Of Kerala

2015-02-10Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 10TH DAY OF FEBRUARY 2015/21ST MAGHA, 1936 WP(C).No. 2082 of 2015 (I) --------------------------- PETITIONER :

------------------- TESSY LOUIS, AGED 52 YEARS, W/O.DR.LOUIS P.V., WATER FRONT ENCLAVE, CHILAVANOOR, ELAMKULAM, ERNAKULAM DISTRICT, PIN - 680 020. BY ADV. SRI.P.S.GEORGE RESPONDENTS :

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1. STATE OF KERALA REPRESENTED BY SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE SECRETARY KOCHI CORPORATION, KOCHI - 682 011.

R1 BY GOVERNMENT PLEADER SMT. C.K. SHERIN R2 BY ADV. SRI.K.ANAND, SC, BY SRI.P.K.SOYUZ,SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2082 of 2015 (I) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

PHOTOGRAPH OF PETITIONER'S PROPERTY DATED NIL. EXT.P1(A):

PHOTOGRAPH OF NORTHERN SIDE COMMERCIAL BUILDING DATED NIL.

EXT.P1(B):

PHOTOGRAPH OF SOUTHERN SIDE COMMERCIAL BUILDING DATED NIL.

EXT.P1(C):

PHOTOGRAPH OF EASTERN SIDE COMMERCIAL BUILDING NIL. EXT.P2:

TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT REGARDING BUILDING PERMIT APPLICATION DATED 01/04/2014. EXT.P3:

TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT ON 30/12/2014.

EXT.P3(A):

ENGLISH TRANSLATION OF THE NOTICE ISSUED BY THE 2ND RESPONDENT ON 30/12/2014.

EXT.P4:

TRUE COPY OF THE JUDGMENT IN WPC NO. 22870 OF 2014 DATED 03/09/2014.

RESPONDENT(S)' EXHIBITS :

NI.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 2082 of 2015 ---------------------------------------- Dated this the 10th day of February, 2015

JUDGMENT

In the light of the ratio laid down in Gopalakrishnan T.V. v. State of Kerala and others [2011 (3) KHC 162], the present writ petition is also disposed of on the same lines, applying the ratio laid down by the learned Division Bench in the said decision, thereby quashing Exhibit P3.

2. Consequently, this Court directs the Secretary of the Corporation to conduct inspection of the site and if he notices more commercial buildings than residential buildings are constructed in and around the petitioner's property, then the Secretary will permit the petitioner to construct a commercial building on approval of the building plan.

The petitioner will produce a copy of the judgment before the Secretary of the Corporation for compliance. The Secretary of the Corporation is directed to conduct inspection and pass orders after issuing notice to the petitioner and based on the data collected by him. This shall be done as

W.P.(c) No. 2082 of 2015 expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. DAMA SESHADRI NAIDU JUDGE DMR/-