High Court of KeralaWP(C)/2196/2015disposed of

Ilan Devassy Joy v. The Corporation Of Thrissur

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. 2196 of 2015 (Y) --------------------------- PETITIONER:

------------- ILAN DEVASSY JOY, ELAN HOUSE, D/O.NO.VII/282, PACHALIPURAM, VATTANATHARA P.O., THRISSUR, REPRESENTED BY HIS P/A. HOLDER NILSON K.A., KOCHEKKADAN HOUSE, VALLAPPADI, PERAMBRA P.O.

KODAKARA, THRISSUR-680 689.

BY ADVS.SRI.P.K.NIJOY SMT.C.PRABITHA RESPONDENTS:

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

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

2. THE SECRETARY.

CORPORATION OF THRISSUR, THRISSUR - 680 001.

3. THE ASSISTANT ENGINEER, THRISSUR CORPORATION, ZONAL OFFICE, OLLUKKARA THRISSUR - 680 001.

R1-R3 BY ADV. SRI.K.P.VIJAYAN, SC,THRISSUR CORPORATION R1-R3 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. 2196 of 2015 (Y) --------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXT.P1. TRUE COPY OF THE BUILDING PERMIT DATED 24/1/2012. EXT.P2. TRUE COPY OF THE NOTICE REJECTION DATED 1/8/2014 WITH ENGLISH TRANSLATION.

EXT.P3. TRUE PHOTOGRAPHS SHOWING THE PETITIONER'S PROPERTY. RESPONDENTS' EXHIBITS : NIL -------------------------------- /True Copy/ P.A to Judge.

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 2196 of 2015 (Y) ---------------------------------- Dated this the 2nd day of February, 2015.

JUDGMENT

In the light of the ratio laid down in Praveen v. Land Revenue Commissioner (2010 (2) KLT 617), this Court disposes of the writ petition on the same lines applying the ratio laid down by the learned Division Bench in the said decision, thereby setting aside Ext.P2.

Consequently, the 2nd 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-