High Court of KeralaWP(C)/26959/2015disposed of

S.Nirmalan v. Thiruvananthapuram Corporation

2015-09-08Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 8TH DAY OF SEPTEMBER 2015/17TH BHADRA, 1937 PETITIONER:

--------------------- S.NIRMALAN MINI HOUSE, LIGHT HOUSE BEACH, KOVALAM THIRUVANANTHAPURAM BY ADVS.SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM RESPONDENTS:

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1. THIRUVANANTHAPURAM CORPORATION REPRESENTED BY ITS SECRETARY CORPORATION OF THIRUVANANTHAPURAM

2. THE SECRETARY THIRUVANANTHAPURAM CORPORATION, THIRUVANANTHAPURAM

3. THE ASSISTANT ENGINEER/TOWN PLANNER LEGAL SECTION, ZONAL OFFICE, VIZHINJAM CORPORATION OF THIRUVANANTHAPURAM, ZONAL OFFICE VIZHINJAM, THIRUVANANTHAPURAM BY SRI.P.K.MANOJKUMAR, SC,THIRUVANANTHAPURAM CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE LETTER DTD 20/9/2001 OF THE VILLAGE OFFICER, VIZHINJAM P2:- TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM P3:- TRUE COPY OF THE REPORT NO 1794/2002 DTD 16/10/2002 OF THE VILLAGE OFFICER, VIZHINJAM P4:- TRUE COPY OF THE NOTICE NO B9/5663/01 DTD 10/10/2002 OF THE DISTRICT COLLECTOR P5:- TRUE COPY OF THE RECEIPT DTD 11/2/1996 ISSUED BY THE VIZHINJAM PANCHAYATH, EVIDENCING THE PAYMENT OF BUILDING TAX FOR BUILDING NOS VP-1/1332 AND 1/1333 FOR THE YEARS 1995/1996 AND 1996/1997 P6:- TRUE COPY OF THE JUDGMENT DTD 19/9/2006 OF THIS HON'BLE COURT IN OP 34310/2002 P7:- TRUE COPY OF THE NOTICE NO A3-371/07-08 DTD 27/3/2008 OF THE SECRETARY, VIZHINJAM PANCHAYATH P8:- TRUE COPY OF THE PROVISIONAL ORDER NO A3-371/07-07 DTD 27/3/2008 APPENDED ALONG WITH EXT P7 P9:- TRUE COPY OF THE RECEIPT NO 78853 DTD 27/3/2008 P10:- TRUE COPY OF THE REPRESENTATION DTD 11/5/2009 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, VIZHINJAM GRAMA PANCHAYATH P11:- TRUE COPY OF THE RECEIPT NO 1023 EVIDENCING THE PAYMENT OF BUILDING TAX FOR BUILDING NO VP-1/1333 P12:- TRUE COPY OF THE LICENSE NO A2/49/77/10 DTD 11/5/2010 ISSUED TO THE PETITIONER FOR RUNNING THE HOTEL AND RESTAURANT IN VP 1/1333 P13:- TRUE COPY OF THE NOTICE NO 5/AE/VZM/2011-2012 DTD 2/5/2011 ISSUED BY THE 3RD RESPONDENT

------------------------------------- P14:- TRUE COPY OF THE REPLY DTD 9/5/2011 TO EXT P13 NOTICE P14(A):- TRUE COPY OF THE RECEIPT DTD 16/5/2011 ACKNOWLEDGING THE RECEIPT OF EXT P14 REPLY BY THE RESPONDENTS P15:- TRUE COPY OF THE ORDER NO V2 A1 X /0 2832(35)14 DTD 10/5/2015 P16:- TRUE COPY OF THE COVER WHEREIN EXT P15 ORDER WAS ENCLOSED RESPONDENT(S)' EXHIBITS::-NIL /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J W.P.(C). NO. 26959 OF 2015 ---------------------------------------- Dated this the 8th day of September, 2015

JUDGMENT

The petitioner confines his relief to an early consideration of Ext.P14 objection filed to Ext. P13 notice issued by the third respondent. The petitioner assails Ext. P15 order on the ground that it was passed pending consideration of Ext. P14 objection. It is also contended that the petitioner has not received the provisional order pursuant to which Ext. P15 final order was passed. 2.

I direct the third respondent to consider Ext.P14 objection with notice to the petitioner within a period of one month. Ext. P15 order shall not be enforced till orders are passed on Ext. P14 objection as directed above.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE