High Court of KeralaWP(C)/10811/2015disposed of

West Fort Hospital v. Thrissur Corporation

2015-04-07Honourable Mr. Justice Dama Seshadri Naidu5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 10811 of 2015 (B) ---------------------------- PETITIONER:

-------------- WEST FORT HOSPITAL, THRISSUR, REPRESENTED BY ITS MANAGING PARTNER, K.M. MOHANDAS.

BY ADVS.SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENTS:

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

R1 BY ADV. SRI.K.P.VIJAYAN R1 BY ADV. SRI.V.N.HARIDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10811 of 2015 (B) : 2 :

APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 :

TRUE COPY OF THE PLAN SUBMITTED ON 12.07.2013 WITH RESPECT TO THE 2ND FLOOR.

EXT.P2 :

TRUE COPY OF THE PLAN SUBMITTED ON 12.07.2013 WITH RESPECT TO THE 3RD FLOOR.

EXT.P3 :

TRUE COPY OF THE PLAN SUBMITTED ON 12.07.2013 WITH RESPECT TO THE 4TH FLOOR.

EXT.P4 :

TRUE COPY OF THE PLAN SUBMITTED ON 12.07.2013 WITH RESPECT TO THE 5TH FLOOR.

EXT.P5 :

TRUE COPY OF THE JUDGMENT DATED 14.08.2014 IN W.P. (C) NO. 24306/2013.

EXT.P6 :

TRUE COPY OF THE JUDGMENT DATED 28.11.2014 IN W.P. (C) NO. 27424 OF 2014.

EXT.P7 :

TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER AS PER RULE 5(1) AND 144(1) FOR PERMIT/REGULARISATION.

EXT.P7(a) :

TRUE COPY OF THE RECEIPT DATED 21.11.2014 FROM THRISSUR CORPORATION.

EXT.P8 :

TRUE COPY OF THE REPRESENTATION DATED 26.11.2014 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P9 :

TRUE COPY OF THE REPRESENTATION DATED 05.12.2014 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXT.P9(a) :

TRUE COPY OF THE RECEIPT DATED 06.12.2014 FROM THRISSUR CORPORATION.

EXT.P10 :

TRUE COPY OF THE ORDER NO.DW5/160086/13 DATED 13.01.2015 ISSUED BY THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION.

EXT.P11 :

TRUE COPY OF THE ONLINE APPLICATION DATED 14.01.2015 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

EXT.P12 :

TRUE COPY OF THE LETTER NO.WFH/MP/2015/313 DATED 11.03.2015 SUBMITTED BY THE PETITIONER BEFORE THE EXECUTIVE ENGINEER (TOWN PLANNING), THRISSUR CORPORATION.

EXT.P12(a) :

TRUE COPY OF THE RECEIPT DATED 12.03.2015 FROM THE THRISSUR CORPORATION.

EXT.P13 :

TRUE COPY OF THE LETTER DATED 16.03.2015 ISSUED BY THE RESPONDENT TO THE PETITIONER ALONG WITH ENGLISH TRANSLATION.

RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rv

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 10811 of 2015 (B) ---------------------------------- Dated this the 7th day of April, 2015.

JUDGMENT

Heard the learned Senior Counsel for the petitioner and the learned Standing Counsel for the respondent Corporation, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2. Briefly stated, the petitioner, a hospital, having been established in 1989, submitted Ext.P11 on-line application to the respondent Corporation seeking building permit to make additional constructions. Ventilating its grievance that the Corporation has so far not considered the said application, the petitioner has filed the present writ petition.

3. The learned Standing Counsel for the respondent Corporation has submitted that the petitioner's Ext.P11 application has been under active consideration, and that the respondent Corporation is making all efforts to pass

W.P.(C). No. 10811/2015 -2appropriate orders at the earliest.

In the facts and circumstances, having regard to the respective submissions of the learned Counsel for the petitioner and the learned Standing Counsel for the respondent Corporation, this Court, without expressing any opinion on the merits of the matter, disposes of the writ petition with a direction to the respondent Corporation to consider petitioner's Ext.P11 application in accordance with law and pass appropriate orders thereon, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment. sd/- DAMA SESHADRI NAIDU, JUDGE.

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