Raziya V.A v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WP(C).No. 30057 of 2015 (F) -------------------------------------- PETITIONER:

--------------------- RAZIYA V.A.

AGED 43 YEARS W/O. MOHAMMED ANSARI, N.S.S.ROAD, ERUMATHALA P.O.

CHOONDI, ALUVA, ERNAKULAM DISTRICT.

BY ADV. SMT.M.A.VAHEEDA BABU RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT, GOVERNMENET SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE CHIEF TOWN PLANNER OFFICE OF THE CHIEF TOWN PLANNER TOWN AND RURAL PLANNING DEPARTMENT THIRUVANANTHAPURAM-33.

3. THE REGIONAL TOWN PLANNER/SENIOR TOWN PLANNER REGIONAL TOWN PLANNING OFFICE, CIVIL STATION ERNAKULAM-682030.

4. CORPORATION OF COCHIN 682 031 REPRESENTED BY ITS SECRETARY.

R1 TO R3 BY SR. GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN R4 BY SRI.P.K.SOYUZ, SC, COCHIN CORPORATION SRI.RAAJESH S.SUBRAHMANIAN, SC, COCHIN CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30057 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- A TRUE COPY OF THE BUILDING PERMIT DATED 31-8-2006 GRANTED BY THE 4TH RESPONDENT CORPORATION BASED ON WHICH CONSTRUCTION OF THE THREE STORIED RESIDENTIAL BUILDING WAS COMPLETED BY THE PETITIONER.

EXHIBIT P2- A TRUE COPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE 4TH RESPONDENT CORPORTION DATED 29-8-2006, ON COMPLETION OF THE CONSTRUCTION OF THE THREE STORIED BUILDING AS PER EXHIBIT P1.

EXHIBIT P3- A TRUE COPY OF THE RELEVANT PORTION OF THE APPLICATION FOR BUILDING PERMIT SUBMITTED BYTHE PETITIONER BEFORE THE EDAPPALLY ZONAL OFFICE OF THE 3RD RESPONDENT WITH 3 METER BUILDING LINE.

EXHIBIT P4- A TRUE COPY OF THE NOTICE DATED 3-8-2015 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER, WHICH WAS RECEIVE ON 25-92015. EXHIBIT P5- A TRUE COPY OF THE ORDER DATED 14-8-2014 ADDRESSED TO THE SENIOR TOWN PLANNER, ERNAKULAM, THE 3RD RESPONDENT. EXHIBIT P6- A TRUE COPY OF THE ORDER DATED 21-0-2014 OF THE 3RD RESPONDENT ADDRESSED TO THE 4TH RESPONDENT.

EXHIBIT P7- A TRUE COPY OF THE JUDGMENT DATED 17-7-2015 IN WPC NO. 14913/2015 OF THIS HON'BLE COURT.

EXHIBIT P8- A TRUE COPY OF THE LETTER DATED 2-4-2014, REQUESTING FOR A DECISION WITH RESPECT TO THE APPLICATION SUBMITTED BY THE PETITIONER IN WPC NO. 14913/2015 FOR BUILDING PERMIT, SEND BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT, BASED ON WHICH EXHIBIT P5- AND EXHIBIT P6 ORDERS WERE ISSUED BY THE 2ND AND 3RD RESPONDENT RESPECTIVELY.

EXHIBIT P9- A TRUE COPY OF THE EXPLANATION DATED 22-7-2014, SUBMITTED BY THE 4TH RESPONDENT BEFORE THE CHIEF MINISTER'S PUBLIC GRIEVANCE CELL.

RESPONDENT(S)' EXHIBITS:- --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 30057 OF 2015 ---------------------------------------- Dated this the 16th day of November, 2015

JUDGMENT

The issue is covered by Ext. P7 judgment in W.P.(C). No. 14913/2015. Ext. P4 order declining building permit is therefore liable to be quashed in the light of Ext. P7 judgment and I do so.

2.

The fourth respondent is directed to reconsider Ext. P3 application for building permit put in by the petitioner in the light Ext. P7 judgment with due notice to her within a period of one month.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS