High Court of KeralaWP(C)/34240/2014disposed of

Pious Paul v. The Thrissur Corporation

2015-01-28Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 WP(C).No. 34240 of 2014 (D) ---------------------------- PETITIONER:

-------------- PIOUS PAUL, AGED 32 YEARS, S/O. PAUL, RESIDING AT CHIRIYANKANDATH HOUSE, MUNALUR P.O., THRISSUR - 680 617.

BY ADVS.SRI.T.C.SURESH MENON SRI.P.S.APPU SRI.A.R.NIMOD SMT.P.R.REMYA RESPONDENTS:

---------------- 1.

THE THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR - 680 001.

THE ASSISTANT ENGINEER, THRISSUR CORPORATION, ZONAL OFFICE, OLLUKKARA, THRISSUR - 680 655.

R1,R 2 BY ADV. SRI.K.P.VIJAYAN, SC R1,R 2 BY ADV. SRI.V.N.HARIDAS R BY SRI.K.P.VIJAYAN,SC,THRISSUR CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34240 of 2014 (D) ---------------------------- APPENDIX PETITIONER'S EXHIBITS :

---------------------------- EXHIBIT-P1-TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, OLLUKKARA DATED 28/08/2014.

EXHIBIT-P2-TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, OLLUKKARA TO THE PETITIONER DATED 26/11/2014. EXHIBIT-P3-TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 10.12.2014.

EXHIBIT-P4-TRUE COPY OF THE JUDGMENT IN W.P(C) 18776/2014 DATED 22/07/2014.

RESPONDENTS' EXHIBITS : NIL ------------------------------ /True Copy/ P.A to Judge.

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 34240 of 2014 ---------------------------------- Dated this the 28th day of January, 2015.

JUDGMENT

In the light of the ratio laid down in Ext.P4 judgment, this Court disposes of the writ petition on the same lines applying the ratio laid down by the learned Single Judge in the said judgment, thereby setting aside Ext.P3.

Consequently, the 1st respondent is directed to consider the petitioner's application for building permission afresh, if necessary, by referring the matter to the District Town Planner, after subjecting the land in question to physical verification, and thereafter pass appropriate orders thereon, as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. sd/- DAMA SESHADRI NAIDU, JUDGE.

W.P.(C) No.19225/2014 -2-