M/S.Marutham Apartments v. Corporation Of Thiruvananthapuram

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 WP(C).No. 29056 of 2015 (F) ---------------------------- PETITIONER(S):

-------------------------- M/S.MARUTHAM APARTMENTS (a REGISTERED PARTNERSHIP) REP. BY ITS PARTNER MR.RAMESH, AGED 49 YEARS, S/O.RAMASWAMY DOOR NO.32, GANGA NAGAR, 1ST CROSS STREET KODAMPAKKAM, CHENNAI - 600024 BY ADVS.SRI.M.SREEKUMAR SRI.A.ABDUL KHARIM RESPONDENT(S):

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1. CORPORATION OF THIRUVANANTHAPURAM REP. BY ITS SECRETARY CORPORATION OFFICE, PALAYAM THIRUVANANTHAPURAM - 695 004 2.

SECRETARY CORPORATION OF THIRUVANANTHAPURAM CORPORATION OFFICE, PALAYAM THIRUVANANTHAPURAM - 695 004 BY SRI.P.K.MANOJKUMAR,STANDING COUNSEL,TVPM CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C) nO.29056/2015 APPENDIX PETITIONERS EXHIBITS P1 - TRUE COPY OF THE BUILDING PERMIT NO.E9/BA/03/2011 DATED 21.7.2011. P2- TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER P2(A)- TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT P2(B) - TRUE COPY OF THE RECEIPT NO.164371 ISSUED BY THE FIRST RESPONDENT DATED 18.12.2013.

P3-TRUE COPY OF THE ORDER/NOTICE NO.TPE9/47662/13 DATED 5.6.2014 OF THE SUPERINTENDING ENGINEER OF FIRST RESPONDENT.

P4-TRUE COPY OF THE LETTER DATED 13.11.2014 FROM PETITIONER TO THE SUPERINTENDING ENGINEER P5-TRUE COPY OF THE ORDER/NOTICE NO.TPE9/47662/13 DATED 12.1.2015 TO THE PETITIONER P6-TRUE COPY OF THE LETTER DATED 16.2.2015 SUBMITTED BY THE SREEKANDAN BEFORE THE 1ST RESPONDENT P7 - TRUE COPY OF THE CONSENT LETTER DATED 16.2.2015 SUBMITTED BY SREEKANDAN TO THE 2ND RESPONDENT P8-TRUE COPY OF CONSENT LETTER DATED 22.5.2015 ISSUED BY SURESH KUMAR P9-TRUE COPY OF CONSENT LETTER DATED 22.5.2015 ISSUED BY SUDHAKARAN P10-TRUE COPY OF REPRESENTATION DATED 5.8.2015 FILED BY THE PETITIONER BEFORE THE RESPONDENTS RESPONDENTS EXHIBITS NIL TRUE COPY SKS P.A. TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 29056 OF 2015 --------------------------------------- Dated this the 25th day of September, 2015

JUDGMENT

The petitioner asserts that the defect noted in Ext.P3 order as regards the width of the drive-way has since not been rectified. The petitioner has, in this regard, submitted Ext.P10 representation with the 2nd respondent seeking the issuance of occupancy certificate.

2.

I direct the 2nd respondent to conduct a site inspection to ensure as to whether a uniform drive-way has been provided by the petitioner as asserted. Final orders shall be passed in the light of the site inspection on Ext.P10 representation within a period of one month. The writ petition is disposed of accordingly. V.CHITAMBARESH, JUDGE sks