Kalidasa Hotels v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 WP(C).No. 20280 of 2015 (H) ---------------------------- PETITIONER :

--------------------- KALIDASA HOTELS N.H.47, KOONAMTHAI, EDAPPALLY THRIKKAKARA NORTH KALAMASSERY REPRESENTED BY ITS GENERAL MANAGER (TECHNICAL) SANU I.R., AGED 26 YEARS, S/O.RAMACHANDRAN.

BY ADVS.SRI.P.M.MUJEEB RAHIMAN SMT.K.S.SUMITHA SMT.M.M.JASMIN RESPONDENT(S) :

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

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY SECRETARIAT, DEPARTMENT OF RURAL AND URBAN DEVELOPMENT THIRUVANANTHAPURAM - 695 001.

2. THE COMMANDANT GENERAL FIRE AND RESCUE DEPARTMENT THIRUVANANTHAPURAM - 695 001.

3. KALAMASSERY MUNICIPALITY REPRESENTED BY ITS SECRETARY KALAMASSERY MUNICIPALITY, KALAMASSERY P.O.

ERNAKULAM -683 104.

R1 & R2 BY GOVT. PLEADER SRI. BIJU MEENATTOOR R3 BY ADV. SRI.M.K.ABOOBACKER, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 20280 of 2015 (H) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- EXT.P-1:

TRUE COPY OF THE JUDGEMENT IN WP(C) NO. 17586/2014 DATED 10.7.2014.

EXT.P-2:

TRUE COPY OF THE NOTICE ISSUED BY THE MUNICIPAL ENGINEER, KALAMASSERY MUNICIPALITY DATED 17.10.2014.

EXT.P-3:

TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30.12.2014.

EXT.P-4:

TRUE COPY OF THE CHALAN SHOWING THE REMITTANCE OF RS.71,200/- DATED EXT.P-5:

TRUE COPY OF THE COVERING LETTER ISSUED BY THE 3RD RESPONDENT DATED 4.2.2015.

EXT.P-6:

TRUE COPY OF THE ORDER BEARING NO.G.O. (MS) NO.267/2014 HOME DATED 23.12.2014.

EXT.P-7:

TRUE COPY OF THE CHALAN SHOWING THE REMITTANCE OF RS.8,77,700/- DATED 19.5.2015 RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.20280 of 2015 - H ====================== Dated this the 21st day of July, 2015

J U D G M E N T

The petitioner is aggrieved with the non-consideration of Ext.P3 application for SITE NOC. The application is seen filed only on 30.12.2014. The 2nd respondent definitely will have to look at the application pending before it and dispose of the same in accordance with law however looking at the pendency of such applications pending before it, taking up for disposal those applications filed earlier in point of time first. The application shall be finalised within three months from the date of receipt of the certified copy of this judgment. With respect to the enhanced fees paid by the petitioner, the question would be left open.

Writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.