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High Court of KeralaWP(C)/7218/2015disposed of

Kalyanadayini Sabha v. Kodungallur Municipality

2015-09-07Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 WP(C).No. 7218 of 2015 (B) --------------------------- PETITIONER:

------------------ KALYANADAYINI SABHA, P.O.ANAPUZHA, KODUNGALLUR, THRISSUR DISTRICT REPRESENTED BY ITS PRESIDENT ANILKUMAR P.P., AGED 46 YEARS, S/O.PRABHAKARAN.

BY ADVS.SRI.RENJITH THAMPAN (SR.) SRI.M.V.ANANDAN RESPONDENTS:

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

1. KODUNGALLUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, KODUNGALLUR, THRISSUR DISTRICT PIN 680 664.

2. SECRETARY, KODUNGALLUR MUNICIPALITY, MUNICIPAL OFFICE, KODUNGALLUR, THRISSUR DISTRICT PIN 680 664.

3. CHIEF TOWN PLANNER, OFFICE OF CHIEF TOWN PLANNER, THIRUVANANTHAPURAM PIN 695001.

R1,R2 BY ADV. SRI.BABU KARUKAPADATH R1,R2 BY ADV. SMT.M.A.VAHEEDA BABU R1,R2 BY ADV. SRI.K.A.NOUSHAD R1,R2 BY ADV. SRI.KANDAMPULLY RAHUL R1,R2 BY ADV. SRI.MITHUN BABY JOHN BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7218 of 2015 (B) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 TRUE COPY OF THE BUILDING PERMIT DATED 11.10.2006 ISSUED BY THE MUICIPALITY.

EXT.P2 TRUE COPY OF THE APPROVED PLAN WITH ENDORSEMENT OF THE MUNICIPAL ENGINEER, MUNICIPAL SECRETARY AS WELL AS THE FIRE AND RESCUE SERVICE.

EXT.P3 TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE SECRETARY OF THE MUNICIPALITY DATED 25.04.2011. EXT.P4 TRUE COPY OF THE ASSESSMENT NOTICE ISSUED BY THE MUNICIPALITY TO THE PETITIONER.

EXT.P4(a) TRUE COPY OF THE LETTER DATE 13.04.2012 OF THE LOCAL SELF GOVERNMENT DEPARTMENT WITH ENGLISH TRANSLATION EXT.P5 TRUE COPY OF THE LETTER DATED 22.03.2014 OF THE MUNICIPALITY WITH ENGLISH TRANSLATION EXT.P6 TRUE COPY OF THE LETTER DATED 03.08.2014 OF THE 1ST RESPONDENT WITH ENGLISH TRANSLATION RESPONDENT(S)' EXHIBITS EXHIBIT R1(a) TRUE PHOTOSTAT COPY OF THE LETTER NO. 66688/RB 2/11/LSGD, DATED 13.04.2012 ISSUED BY UNDER SECRETARY, LSGD (RB) EXHIBIT R1(b) TRUE ENGLISH TRANSLATION OF LETTER NO. 66688/RB2/11/LSGD DATED 13.04.2012 ISSUED BY UNDER SECRETARY, LSGD (RB) /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 7218 OF 2015 ------------------------------------ Dated this the 7th day of September, 2015

JUDGMENT

The petitioner seeks occupancy certificate in respect of the building. The petitioner also wants the third and fourth floor of the building to be numbered. The petitioner asserts that all the defects pointed out by the respondent municipality have been cured. The municipality maintains that there is deficit in the width of the stair way. One of the stair ways has a width of only 75 cms. The municipality contends that stair way has to have a minimum width of 1.2 metres. 2.

The respondents 1 and 2 are directed to conduct a site inspection of the building with prior notice. It shall be physically verified as to whether the stair way has the proper width as enjoined by the statute. The occupancy certificate shall be issued and the building permit if only all the defects are cured and shortcomings rectified. The needful shall be done within a period of two weeks from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd