High Court of KeralaWP(C)/2506/2015disposed of

Benny Alappat v. Thrissur Corporation, Rep. By Its Secretary

2015-02-05Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 WP(C).No. 2506 of 2015 (K) -------------------------------------- PETITIONER(S):

----------------------- BENNY ALAPPAT, S/O.ANTONY, ALAPPAT CHEMUNDA HOUSE, VELIYANNUR, THRISSUR.

BY ADVS.SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA SRI.K.D.SREEVISAKH RESPONDENT(S):

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

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

2. THE SECRETARY, THRISSUR CORPORATION, THRISSUR - 680 001.

3. THE EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THRISSUR CORPORATION OFFICE, THRISSUR - 680 001. BY ADVS. SRI.K.P.VIJAYAN, SC SRI.V.N.HARIDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 2506 of 2015 (K) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: TRUE COPY OF NOTICE DATED 13.1.15 ISSUED BY THE 3RD RESPONDENT. EXT.P-1(A): TRUE COPY OF THE TRANSLATION OF EXHIBIT P1. EXT.P-2: TRUE COPY OF THE JUDGMENT DATED 6.11.2012 IN WPC 23762/2012. EXT.P-3: TRUE COPY OF THE JUDGMENT DATED 1.9.2011 IN WPC 20890/2010. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 2506 of 2015 (K) ---------------------------------- Dated this the 5th day of February, 2015.

JUDGMENT

In the light of Ext.P3 judgment, this Court disposes of the writ petition on the same lines applying the ratio laid down by this Court in the said judgment, thereby setting aside Ext.P1. 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-