High Court of KeralaWP(C)/29588/2014disposed of

T.B. Pramod v. Corporation Of Thrissur

2015-02-03Honourable Mr. Justice Dama Seshadri Naidu3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 WP(C).No. 29588 of 2014 (W) ---------------------------- PETITIONER(S):

-------------------------- T.B. PRAMOD, THAYYIL HOUSE, FLAT NO.2F, GOLDEN ENCLAVE, CHELOOR, THRISSUR-680 020.

BY ADVS.SRI.K.B.GANGESH, SMT.SMITHA CHATHANARAMBATH.

RESPONDENT(S):

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

1. CORPORATION OF THRISSUR, REPRESENTED BY ITS SECRETARY, THRISSUR-680 001.

2. THE DISTRICT TOWN PLANNER, CORPORATION OF THRISSUR, THRISSUR-680 001.

3. THE ASSISTANT ENGINEER, CORPORATION OF THRISSUR, VILVATTOM REGIONAL OFFICE, THRISSUR-680 001.

BY ADVS. SRI.K.P.VIJAYAN, SC, SRI.V.N.HARIDAS.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 29588 of 2014 (W) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 :

TRUE COPY OF THE DOCUMENT NO.3510/2013 OF SUB REGISTRAR OFFICE, THRISSUR DATED 29-07-2013.

EXT.P2 :

TRUE COPY OF THE POSSESSION CERTIFICATE DATED 25-04-2013 ISSUED BY VILLAGE OFFICER, CHEMBUKAVU TO THE PETITIONER.

EXT.P3 :

TRUE COPY OF THE ORDER DATED 06-08-2014 ISSUED BY 3RD RESPONDENT.

EXT.P4 :

TRUE COPY OF THE DOCUMENT NO.2471/2004 DATED 07-04-2004 OF THRISSUR SUB REGISTRAR OFFICE.

EXT.P5 :

TRUE COPY OF THE CERTIFICATE DATED 14-10-2014 ISSUED BY THE VILLAGE OFFICER, CHEMBUKAVU.

EXT.P6 :

TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S PROPERTY.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 29588 of 2014 ---------------------------------------- Dated this the 03rd day of February, 2015

JUDGMENT

In the light of the ratio laid down in Corporation of Thrissur v. Kunjilakutty [2014 (1) KLT 188], the present writ petition is also disposed of on the same lines, applying the ratio laid down by the learned Division Bench in the said decision, thereby quashing Exhibit P3.

Consequently, the first respondent is directed to consider the application of the petitioner for building permission afresh, if necessary, by referring the matter to the second respondent, and thereafter pass appropriate orders thereon, as expeditiously as possible, at any rate within a period of six weeks from the date of receipt of a copy of this judgment. DAMA SESHADRI NAIDU JUDGE DMR/-