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High Court of KeralaWP(C)/18806/2015disposed of

Jeswin P Geroge v. Thrissur Corporation

2015-06-23Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 WP(C).No. 18806 of 2015 (A) ---------------------------- PETITIONER :

----------------------- JESWIN P GEORGE, AGED 31 YEARS, S/O.P.V.GEORGE, PULLIKOTTIL PADIPURAKKAL HOUSE, 'JOICY VILLA', THRISSUR DISTRICT.

BY ADV. SRI.RAJIT RESPONDENT(S):

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

1. THRISSUR CORPORATION, CORPORATION OFFICER, THRISSUR DISTRICT, REPRESENTED BY THE SECRETARY, PIN- 680 001

2. THE SECRETARY, THRISSUR CORPORATION, CORPORATION OFFICER, THRISSUR DISTRICT,PIN-680 001

3. HAIRS JOSEPH,W/O.JOSEPH, CHETTIPUZHAKKARAN HOUSE, PALLIKULAM ROAD, THRISSUR-680 001

4. C.J.JOHN, S/O.JOSEPH, CHETTIPUZHAKKARAN HOUSE, PALLIKULAM ROAD, THRISSUR-680 001

5. C.J.FRANCIS,S/O.JOSEPH, CHETTIPUZHAKKARAN HOUSE, PALLIKULAM ROAD, THRISSUR-680 001

6. C.J.BABU,S/O.JOSEPH, CHETTIPUZHAKKARAN HOUSE, PALLIKULAM ROAD, THRISSUR-680 001

7. C.J.PAULY,S/O.JOSEPH, CHETTIPUZHAKKARAN HOUSE, PALLIKULAM ROAD, THRISSUR-680 001

8. CHELOOR PROPERTY DEVELOPMENT PROJECTS LTD., CHELOOR RESIDENCY, SANKARANKULANGARA JUNCTION, PUNKUNNAM, THRISSUR -680 002 R1 & R2 BY SRI.C.A.MAJEED,SC,THRISSUR CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 18806 of 2015 (A) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 03.03.2015 P2:

TRUE COPY OF THE REPRESENTATION DTD. 04.03.2015 SUBMITTED BY THE PETITIONER BEFORE THE ELECTRICITY DEPARTMENT OF THE 1ST RESPONDENT P3:

TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER UNDER THE PROVISIONS RIGHT TO INFORMATION ACT P4:

TRUE COPY OF THE REPLY RECEIVED BY THE PETITIONER IN RESPONSE TO EXT P3, ISSUED BY TEH 1ST RESPONDENT TO THE PETITIONER DTD. 04.04.2015 P5:

TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT DTD. 31.03.2015 P6:

TRUE COPY OF THE REPLY GIVEN BY THE ELECTRICITY DEPARTMENT ATTACHED TO THE 1ST RESPONDENT DTD. 23.04.2015 P7:

TRUE COPY OF THE BUILIDNG PERMIT ISSUED TO RESPONDENTS 3 TO 7 RESPONDENT(S)' EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No.18806 of 2015 -------------------------------------- Dated this the 23rd day of June, 2015.

JUDGMENT

The petitioner is seeking a positive direction from respondents 1 and 2 in considering Exts.P1 and P2 representations.

2.

The petitioner alleges that respondents 3 to 7 obtained Ext.P7 building permit for construction of an apartment complex consisting of 35 residential flat. The apartment is being constructed by the 8th respondent for and on behalf of the respondents 3 to 7. As per Ext.P7 building permit, the construction has to comply with the provision under the Kerala Municipality Building Rules. The petitioner has filed Exts. P1 and P2 representations before both respondents 1 and 2 pointing out the alleged violation committed by the respondents 3 to 8 in the construction of the apartment complex; it is alleged. It is with this back ground, the petitioner has come up before this Court.

3.

I have heard the learned counsel for the petitioner

W.P.(C) No.18806 of 2015 -2and the learned standing counsel for the first respondent in the matter.

4.

As the learned counsel for the petitioner confined his argument to the limited prayer for a direction to respondents 1 and 2 to consider Exts.P1 and P2 representation, this Court is of the view that the writ petition can be disposed of even without issuing notice to other respondents.

In the result, the writ petition is disposed of directing respondents 1 and 2 to consider and pass appropriate orders on Exts.P1 and P2 representations, after affording the petitioner and the affected parties, within a period of two weeks from the date of receipt of a copy of this judgment. To facilitate an early action, it shall be open to the petitioner to produce a copy of the writ petition as well as the copy of this judgment before the respondents 1 and 2 at the earliest. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.