Kerala High Court
Mookandy vs Kottayam Municipality on 25 September, 2020
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 25TH DAY OF SEPTEMBER 2020 / 3RD ASWINA,
1942
WP(C).No.18533 OF 2020(N)
PETITIONER:
MOOKANDY
AGED 54 YEARS,
S/O. PICHAKKANI, PASUVANDANAM ILLAM, 18,
KURISUPALLI, KOTTAYAM-686 001, DOING BUSINESS
IN THE NAME AND STYLE LINGAM METALS,
PUTHANANGADY, KOTTAYAM
BY ADVS.
SRI.MOHAN JACOB GEORGE
SMT.P.V.PARVATHY
SMT.REENA THOMAS
SMT.NIGI GEORGE
RESPONDENTS:
1 KOTTAYAM MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE, KOTTAYAM-686 003
2 SECRETARY,
KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE,
KOTTAYAM-686 003
R1-2 BY SRI.SIBY CHENAPPADY, SC, KOTTAYAM
MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.09.2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.18533 of 2020 2
W.P.(C) No.18533 of 2020
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JUDGMENT
Ext.P11 is an application preferred by the petitioner for change of occupancy in respect of a building constructed after obtaining a building permit from the first respondent Municipality. The case of the petitioner is that despite the fact that he has remitted the statutory payments due for the purpose of enabling the competent authority to consider the application, the same is not being considered. The petitioner, therefore, seeks appropriate directions in this regard, in the writ petition.
2. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the respondents.
3. Having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition directing the second respondent to take a decision on Ext.P11 application with notice to the petitioner, within a period of two weeks from the date of receipt of a copy of this judgment. Ordered accordingly. The petitioner shall produce a copy of this judgment along with a copy of the writ petition for compliance before the W.P.(C)No.18533 of 2020 3 second respondent. All other issues are left open.
Sd/-
P.B.SURESH KUMAR, JUDGE.
DK W.P.(C)No.18533 of 2020 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF SALE DEED NO.400/1999 OF KOTTAYAM SRO 3.2.1999 EXHIBIT P2 COPY OF SURVEY PLAN SHOWING THE DETAILS OF THE EXTENT, SY. NUMBER, BLOCK NUMBER ETC EXHIBIT P3 COPY OF THE TAX RECEIPTS DATED 06.09.2010 EXHIBIT P3(a) COPY OF THE TAX RECEIPTS DATED 15.09.2011 EXHIBIT P4 COPY OF MEMO DATED 04.10.2012 EXHIBIT P5 COPY OF THE APPROVED PLAN FOR THE ADDITIONAL CONSTRUCTION EXHIBIT P6 COPY OF THE OCCUPANCY CERTIFICATE DATED 05.01.2013 EXHIBIT P7 COPY OF THE TAX RECEIPT DATED 10.02.2014 EXHIBIT P7(a) COPY OF THE TAX RECEIPT DATED 17.02.2015 EXHIBIT P7(b) COPY OF THE TAX RECEIPT DATED 18.02.2016 EXHIBIT P8 COPY OF THE LICENSE ISSUED TO THE PETITIONER FOR THE YEAR 2012-2013 EXHIBIT P8A COPY OF THE LICENSE ISSUED TO THE PETITIONER FOR THE YEAR 2015-2016 EXHIBIT P9 COPY OF THE RECEIPT DATED 06.03.2013 EXHIBIT P9(a) COPY OF THE RECEIPT DATED 11.02.2014 EXHIBIT P9(b) COPY OF THE RECEIPT DATED 13.02.2015 W.P.(C)No.18533 of 2020 5 EXHIBIT P9(c) COPY OF THE RECEIPT DATED 1.02.2017 EXHIBIT P10 COPY OF PROCEEDINGS DATED 12.04.2016 OF THE 1ST RESPONDENT EXHIBIT P11 COPY OF THE PETITION ALONG WITH THE REVISION PLAN SUBMITTED BY THE PETITIONER EXHIBIT P12 COPY OF THE LETTER DATED 10.01.2018 OF THE 2ND RESPONDENT EXHIBIT P13 COPY OF THE RECEIPT DATED 12.01.2018 EXHIBIT P14 COPY OF THE REPRESENTATION DATED 28.04.2018 EXHIBIT P15 COPY OF NOTICE DATED 07.05.2016 ISSUED BY THE 1ST RESPONDENT RESPONDENTS' EXHIBITS: NIL //TRUE COPY// PA TO JUDGE DK