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High Court of KeralaWP(C)/11816/2015disposed of

Leader Properties And Estates Pvt.Ltd v. State Of Kerala

2015-07-08Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 WP(C).No. 11816 of 2015 (B) ---------------------------- PETITIONER(S):

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1. LEADER PROPERTIES AND ESTATES PVT. LTD. 935, GKS TOWERS, GROUND FLOOR ANNEX, EVR PEVIGAR SALAI, CHENNAI, TAMILNADU-600 084, REPRESENTED BY ITS DIRECTOR, P.V.MUHAMMED ABDUL KAREEM FAIZAL, AGED 49 YEARS, S/O.MOHAMMED ALI HAJI, PUTHENGOT VADAKKE VEETTIL HOUSE, KAPPA P.O., THEKKEKAD, VIA:PATTIKAD, MALAPPURAM-679 322.

2. P.V.MUHAMMED ABDUL KAREEM FAISAL @ PUTHEN KOTE VADAKEVEETTIL FAIZAL, AGED 49 YEARS, S/O.MOHAMMED ALI HAJI, PUTHENGOT VADAKKE VEETTIL HOUSE, KAPPA P.O., THEKKEKAD, VIA:PATTIKAD, MALAPPURAM-679 322. BY ADVS.SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.S.NITHIN (ANCHAL) RESPONDENT(S):

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1. STATE OF KERALA, REP. BY ITS CHEIF SECRETARY, GOVT. SECRETARIAT, TRIVANDRUM.PIN-695 001

2. SECRETARY, LOCAL SELF GOVERNMENT (R&B), DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

3. CHIEF TOWN PLANNER, CHIEF TOWN PLANNING OFFICE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 11816 of 2015 (B) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE PHOTOCOPY OF THE ORDER IN W.P.C.NO.38075 OF 2010 DATED 28.08.2014.

EXT.P2:

TRUE PHOTOCOPY OF THE COVERING LETTER SUBMITTED ALONG WITH THE APPLICATION FOR REGULARISATION.

EXT.P3:

TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY CORPORATION OF COCHIN DATED 13.05.2014. WITH ENGLISH TRANSLATION EXT.P4:

TRUE PHOTOCOPY OF THE RECEIPT FOR PAYMENT OF FEE DATED 13.05.2014.

EXT.P5:

TRUE COPY OF THE APPLICATION FOR REGULARISATION RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 11816 of 2015 -------------------------------------------------- Dated this the 8th day of July, 2015

J U D G M E N T

The petitioners have approached this Court seeking a direction to the respondents to expedite and complete the regularization process.

2.

The petitioners are engaged in various business including running of resorts, hotels etc. and they own a multistoried building at Kochi. There are some litigations between the petitioners and some of the neighbours; and this Court directed that the petitioners shall not run the establishment without obtaining consent from the Kerala State Pollution Control Board. Accordingly, they applied for consent. In the meanwhile, they also applied for regularization. The petitioners' grievance is that the application for regularization has not been processed and completed by the respondents so far. Hence, this writ petition.

W.P.(C) No. 11816 of 2015 ..2..

3.

Today, when the matter was taken up, the learned counsel for the petitioner would submit that the matter is now pending before the 2nd respondent. Therefore, the 2nd respondent is directed to consider the matter after affording the petitioners an opportunity of being heard within a period of two weeks from the date of receipt of a copy of this judgment.

It shall be open to the petitioners to produce a copy of this writ petition as well as a copy of this judgment before the 2nd respondent to facilitate an early action. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-