High Court of KeralaWP(C)/6877/2015disposed of

Nelson v. Thrissur Corporation

2015-03-11Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 WP(C).No. 6877 of 2015 (H) --------------------------- PETITIONER(S):

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1. NELSON, S/O.MAROKI VARAPPAN, 9/432, CHEROOR P.O., THRISSUR DISTRICT.

2. BIJU, S/O.MAROKI VARAPPAN, 9/432, CHEROOR P.O., THRISSUR DISTRICT.

3. MINI VARGHESE, D/O.MAROKI VARAPPAN, 9/432, CHEROOR P.O., THRISSUR DISTRICT.

BY ADVS.SRI.P.SANTHOSH (PODUVAL), SMT.R.RAJITHA, SRI.K.D.SREEVISAKH.

RESPONDENTS:

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

2. THE ASSISTANT ENGINEER, THRISSUR CORPORATION, VILVATTOM ZONAL OFFICE, THRISSUR - 680 001.

R1 & R2 BY ADVS. SRI.K.P.VIJAYAN, SC, SRI.V.N.HARIDAS.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 6877 of 2015 (H) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:

TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER FOR BUILDING PERMIT DATED 19/01/2014.

EXT.P2:

TRUE COPY OF THE NOTICE ISSUED BY 2ND RESPONDENT DATED 09/02/2015 AND ENGLISH TRANSLATION IS ALSO ANNEXED. EXT.P3:

PHOTOGRAPH SHOWING THE LOCALITY OF PROPERTY OF THE PETITIONERS.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 6877 of 2015 ---------------------------------------- Dated this the 11th day of March, 2015

JUDGMENT

In the light of the ratio laid down in Gopalakrishnan T.V v. State of Kerala and Others [2011 (3) KLT 317], 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 P2. Consequently, the first respondent is directed to reconsider Exhibit P1 application of the petitioner for building permission, if necessary, by referring the matter to the District Town Planner, and thereafter pass appropriate orders thereon, as expeditiously as possible, at any rate within a period of six weeks from the date of receipt of a copy of this judgment. DAMA SESHADRI NAIDU JUDGE DMR/-