Mr. P.P Nihas v. Kozhikode Municipal Corporation

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 WP(C).No. 24724 of 2015 (M) ---------------------------------------- PETITIONERS:

-------------------- 1.

P.P. NIHAS BABU, LAGOON, 22/1312, MCR ROAD, MAANAARI, THIRUVANOOR, KOZHIKODE.

2.

MALABAR DEVELOPERS (P) LTD., 41/2299, 3RD FLOOR, MALABAR GATE, RAM MOHAN ROAD, PUTHIYARA P.O., CALICUT - 673 004.

REPRESENTED BY ITS DIRECTOR SIYAD E.A.

BY ADVS.SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH SRI.K.SANTHOSH KUMAR (KALIYANAM) SRI.ADARSH KUMAR SRI.BIJU VARGHESE ABRAHAM SRI.DILEEP CHANDRAN RESPONDENTS:

---------------------------- 1.

KOZHIKODE MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY - 673020 2.

THE SECRETARY, KOZHIKODE MUNICIPAL CORPORATION - 673020.

R3 BY ADV. SRI.C.R.SIVAKUMAR RADDL.4 BY ADV. SRI.P.SANTHOSH KUMAR (TR) RADDL.4 BY ADV. SRI.T.P.SAJAN R BY SRI.K.D.BABU,SC,KOZHIKODE CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24724 of 2015 (M) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P1:

COPY OF THE BUILDING PERMIT ALONG WITH CONDITIONS ISSUED BY THE RESPONDENTS DATED 12.12.014.

EXT.P2:

COPY OF THE NOTICE ISSUED BY THE RESPONDENTS DATED 30.03.2015.

EXT.P3:

COPY OF THE REPLY SUBMITTED BY THE 1ST PETITIONER TO THE RESPONDENTS DATED 01.04.2015.

EXT.P4:

COPY OF THE STOP MEMO ISSUED BY THE RESPONDENTS DATED 02.07.2015.

EXT.P5:

COPY OF THE ORDER ISSUED BY THE RESPONDENTS 09.07.2015 RESPONDENTS' EXHIBITS : NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE DST

V. CHITAMBARESH, J.

==================== W.P. (C) No. 24724 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of September, 2015

J U D G M E N T

Exhibit P4 stop memo impugned in this Writ Petition pertains to the construction of a temporary shed only. It is conceded by the petitioners that the temporary shed made mention of in Ext. P4 memo has since been dismantled. The petitioners also rely on Ext. P5 order whereunder accessories shed was permitted to be constructed. The same was permitted to store the materials for the construction of the flat covered by Ext.P1 building permit.

2.

The legality or otherwise of Ext.P1 building permit does not arise for consideration in this Writ Petition. Nothing survives for consideration in this Writ Petition.

The Writ Petition is disposed of.

Sd/- V. CHITAMBARESH, JUDGE DST //True copy// P.A. To Judge