High Court of KeralaWP(C)/10139/2015disposed of

T.P. Murali v. The Corporaton Of Kochi

2015-09-18Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 10139 of 2015 (N) ---------------------------- PETITIONER:

------------------ T.P. MURALI, AGED 62 YEARS, S/O.LATE PADMANABHAN, THADIPARAMBIL HOUSE, 14/446, CHULLIKKAL, COCHIN 682 005.

BY ADV. SRI.B.JAYASURYA RESPONDENTS:

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

1. THE CORPORATON OF KOCHI, OFFICE OF THE KOCHI CORPORATION, ERNAKULAM 682 011 REPRESENTED BY ITS SECRETARY.

2. THE ASSISTANT ENGINEER OFFICE OF THE ASSISTANT ENGINEER CORPORATION OF KOCHI, ZONAL OFFICE, FORTKOCHI, KOCHI 682 001.

3. THE BUILDING INSPECTOR, CORPORATION OF KOCHI, ZONAL OFFICE, FORTKOCHI, KOCHI 682 001.

4. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT LOCAL SELF GOVERMENT INSTITUTIONS THIRUVANANTHAPURAM 695 001 R1-R3 BY ADV. SRI.K.ANAND, SC, COCHIN CORPN. BY SENIOR GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN R BY SRI.P.K.SOYUZ,SC,COCHIN CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10139 of 2015 (N) APPENDIX PETITIONER(S)' EXHIBITS EXHBIIT P1 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT ALONG WITH ITS TRUE ENGLISH TRANSLATION EXHBIIT P2 TRUE COPY OF THE JUDGMENT DATED 19/11/2014 IN WPC NO 26677/2014 OF THIS HON'BLE COURT EXHIBIT P3 TRUE COPY OF THE ORDER DATED 4/2/2015 ISSUED BY THE 1SAT RESPONDENT.

RESPONDENT(S)' EXHIBITS EXHIBIT R1(a) TRUE COPY OF THE PROCEEDINGS RECORDED DURING THE TIME OF PERSONAL HERARING WHERE THE PETITIONER HAS AFFIXED HIS SIGNATURE.

/TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 10139 OF 2015 ------------------------------------ Dated this the 18th day of September, 2015

JUDGMENT

The petitioner has subsequent to the rejection of his application for building permit by Ext.P3 order, has submitted Ext.P4 complaint to the first respondent. The petitioner has also a case that he has also obtained consent from the neighbouring land holders.

It is open to the petitioner to file a fresh application for building permit on the strength of Ext.P4 building plan and the 'no objection letters' stated to be existing. Any such application shall be considered untrammeled by Ext.P3 order within a period of one month from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd