Sabu Thazhath v. Chalakudy Municipality
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 WP(C).No. 31319 of 2015 (L) ---------------------------- PETITIONER(S):
-------------------------- SABU THAZHATH AGED 43 YEARS S/O.SEBASTIAN, THAZHATH HOUSE NEAR GOVERNMENT HOSPITAL, CHALAKKUDY THRISSUR DISTRICT.
BY ADVS.SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENT(S):
----------------------------
1. CHALAKUDY MUNICIPALITY MUNICIPAL OFFICE, CHALAKUDY THRISSUR DISTRICT. PIN-680 307 REPRESENTED BY ITS SECRETARY.
2. THE SECRETARY CHALAKUDY MUNICIPALITY, MUNICIPAL OFFICE, CHALAKUDY THRISSUR DISTRICT. PIN-680 307.
R1,R2 BY ADV. SRI.SHEEJO CHACKO, SC, CHALAKUDY MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0112-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 31319 of 2015 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER DATED 06.04.2015.
P2- TRUE COPY OF THE JUDGMENTS OF THIS HON'BLE COURT IN W.P[C] NO.27577/2009 DATED 17.11.2012.
P2(A)- TRUE COPY OF THE DECISION REPORTED IN 2011(4) KHC 844. P2(B)- TRUE COPY OF THE DECISION REPORTED IN WP[C]NO.17322 OF 2012 DATED 17.09.2012.
P3- TRUE COPY OF THE E-FILE DETAILS REGARDING THE BUILDING PERMIT APPLICATION.
P4- TRUE COPY OF THE PHOTOGRAPHS SHOWING PETITIONER'S PROPERTY. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY SKS P.A TO JUDGE
K.HARILAL, J.
-------------------------------------- W.P(C)NO. 31319 OF 2015 --------------------------------------- Dated this the 1st day of December, 2015
JUDGMENT
The petitioner is the owner in possession of 9.51 cents of land in Sy.No.504/18 of East Chalakkudy Village. According to the petitioner, the aforesaid property is situated in the south junction of Chalakkudy at the church road. The entire area is having a large number of commercial buildings. The petitioner had intended to construct a commercial building in his property also and filed an application seeking building permit as evidenced by Ext.P3; but the same has not been considered so far, despite the long lapse of time. These grievances are ventilated in this writ petition, claiming the reliefs sought for.
2.
Heard. The learned counsel for the petitioner confines his arguments to the limited extent of seeking a direction to the Municipality to take a decision on the application filed by the petitioner at the earliest.
W.P(C)No.31319/2015 3.
Having regard to the pendency of the application seeking building permit, which is evidenced by Ext.P3, the second respondent is directed to consider and pass orders on the said application filed by the petitioner, at any rate, within one month from the date of receipt of a copy of this judgment, after affording opportunity of being heard to the petitioner.
The writ petition is disposed of as above.
K.HARILAL, JUDGE sks