High Court of KeralaWP(C)/7141/2015disposed of

Sunil Kumar A.M v. Thrissur Corporation

2015-03-17Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 WP(C).No. 7141 of 2015 (P) --------------------------- PETITIONERS:

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1. SUNIL KUMAR A..M., S/O.MOHANAN, AGED 41 YEARS. AKKARAKKARAN HOUSE CHEROOR P.O., THRISSUR - 680 008.

2. SUDHEER KUMAR A.M., S/O.MOHANAN, AGED 39 YEARS. AKKARAKKARAN HOUSE CHEROOR P.O., THRISSUR - 680 008.

BY ADVS.SRI.T.C.SURESH MENON SRI.A.R.NIMOD RESPONDENTS:

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

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

R1,R2 BY ADV. SRI.K.P.VIJAYAN R1,R2 BY ADV. SRI.V.N.HARIDAS R BY SRI.K.P.VIJAYAN,SC,THRISSUR CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7141 of 2015 (P) --------------------------- APPENDIX PETITIONERS' EXHIBITS :

---------------------------- EXT.P1- TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, CHIYYARAM DATED 31/10/2014.

EXT P1(a)- TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P1. EXT P2- TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT TO THE PETITIONERS DATED 16/02/2015.

EXT P2(a)- TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P3. EXT P3- TRUE COPY OF THE JUDGMENT IN WPC NO.1939/2014 ON THE FILE THIS HONOURABLE COURT DATED 21/03/2014.

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

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 7141 of 2015 (P) ---------------------------------- Dated this the 17th day of March, 2015.

JUDGMENT

In the light of the ratio laid down in Ext.P3 judgment dated 21.03.2014, this Court disposes of the writ petition on the same lines applying the ratio laid down by this Court in the said decision, thereby setting aside Ext.P2.

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-