Thresiamma P.P. v. Corporation Of Cochin & Another

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936 WP(C).No. 26212 of 2009 (V) -------------------------------------- PETITIONER(S):

----------------------- SMT.THRESIAMMA P.P., AGED 39 YEARS, W/O.FULTON, RESIDING AT PARAMBOLATH HOUSE, K.S.N.MENON ROAD, ERNAKULAM, COCHIN - 682 016. BY ADV. SRI.M.A.SHAFIK RESPONDENT(S):

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

1. CORPORATION OF COCHIN, REPRESENTED BY THE SECRETARY, COCHIN.

2. THE GENERAL MANAGER,SOUTHER RAILWAY, CHENNAI.

R1 BY ADV. SMT.M.K.PUSHPALATHA,SC R2 BY ADV. SMT.A.RAJESWARI, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 26212 of 2009 (V) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF THE BUILDING PERMIT NO.MOP2/121/2000 DTD.10.110.2000 ISSUED BY THE TOWN PLANNING OFFICER OF THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF THE RECEIPT FOR RS.1500/- DTD.26.10.2007. EXT.P3: TRUE COPY OF THE TAX RECEIPT FOR THE YEAR 2007. EXT.P4: TRUE COPY OF THE LETTER DTD.25.6.2009 SUBMITTED BY THE PETITIONER UNDER RTI ACT.

EXT.P5: TRUE COPY OF THE LETTER NO.V/W.101/INFORMATION POLICY DTD.24/28.7.2009.

EXT.P6: TRUE COPY OF THE REPLY OF THE APPELLATE AUTHORITY ALONG WITH ITS ANNEXURES.

EXT.P7: TRUE COPY OF CERTIFICATE ALONG WITH APPLICATION AND SKETCH. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

P.R. RAMACHANDRA MENON, J.

.............................................................................. ......................................................................... Dated this the 5th January, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"i) issue a writ of mandamus or any other writ, order or direction, directing the respondents to immediately issue the clearance for construction covered by P-1 permit as expeditiously as possible.

ii) issue a writ of certiorari and quash Exihibit P5.

Iii) to direct the respondents to take action against the officials responsible for the delay in granting the required NOC inspite of having received the report like P6 in December 2000 and to pay the petitioner adequate compensation for her mental agony and suffering for the last 9 years.

iv) issue any other writ, order or direction which this Hon'ble Court may deem fit in the facts and circumstances of the case."

2. When the matter came up for consideration before this Court on 28.10.2009, the following interim order was passed:

"Treated as admitted.

Mr.

M.K.

Pushpalatha, the learned Standing Counsel takes notice for the first respondent. Smt. A. Rajeswari, the learned Standing Counsel takes notice for the second respondent.

Heard the learned Counsel appearing on both sides. The learned Counsel appearing for the southern Railway submitted that the Additional Manager, Southern Railway, Thiruvananthapuram Division has sent a letter to the Secretary of Cochin Corporation on 23.10.2009 to the effect that Southern Railway does not have any objection in granting the petitioner electricity supply and water connection. An affidavit dated 28.10.2009 has also been filed on behalf of the second respondent to the said effect. Therefore, I direct the Secretary of Cochin Corporation to issue a completion certificate to the petitioner in support of the building constructed as per Ext.P1 building permit so that the petitioner can move the Kerala Water Authority and the Kerala State Electricity Board, for supply of electrical connection. The completion certificate in the prescribed form, if any shall be issued within one week from the date on which the petitioner produces a copy of this order before the Secretary of Cochin Corporation."

It appears that the petitioner has no further grievance in view of the interim order, as above. In the said circumstance, the writ petition is disposed of making the interim order absolute.

P.R.RAMACHANDRA MENON JUDGE lk