Kerala High Court
Mr. Christy Jacob Paul vs Kalamassery Municipality
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 7TH DAY OF MARCH 2018 / 16TH PHALGUNA, 1939
WP(C).No. 7562 of 2018
PETITIONER(S)/PETITIONER:
MR. CHRISTY JACOB PAUL
AGED 67, S/O.LATE PAUL JACOB, KONTHURUTHY,
HOUSE NO.XXV/137, KONTHURUTHY HOUSE,
CHANGAMPUZHA NAGAR P.O, KOCHI-682033.
BY ADVS.SRI.JOLLY JOHN
SMT.LIZA MEGHAN CYRIAC
SMT.SANGEETHA THOMAS
RESPONDENT(S)/RESPONDENTS:
1. KALAMASSERY MUNICIPALITY
CHANGAMPUZHA NAGAR, PBPO KALAMASSERI STATES,
ERNAKULAM, KERALA 682033,
REPRESENTED BY ITS SECRETARY.
2. OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS,
KERALA, SAPHALYAM COMPLEX, 4TH FLOOR TRIDA BUILDING,
UNIVERSITY P O, THIRUVANANTHAPURAM-695034.
3. MR.THOMAS JOSE P F
25/136, PAZHAMPILLIL HOUSE,
CHANGAMPUZHA NAGAR P O, SOUTH KALAMASSERY,
ERNAKULAM-682033.
R BY GOVERNMENT PLEADER SRI.RAVIKRISHNAN
R BY SRI.M.K.ABOOBACKER,SC KALAMASSERY MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-03-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 7562 of 2018 (U)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE LAND TAX RECEIPTS OF THE 10.10 ARES OF LANDED
PROPERTY IN BLOCK 5 RESURVEY NO:511/9, OF THRIKKAKARA NORTH VILLAGE,
KANAYANNOOR TALUK OWNED AND POSSESSED BY THE PETITIONER FOR THE YEAR 2017-
18
EXHIBIT P2 A TRUE COPY OF THE FIRE SAFETY CLEARANCE CERTIFICATE DATED
15/12/2016 NUMBERED AS D1/8059/16 ISSUED BY THE DEPARTMENT OF FIRE AND
RESCUE SERVICE , GOVERNMENT OF KERALA.
EXHIBIT P3 A TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY KERALA STATE
POLLUTION CONTROL BOARD ON 21/6/2017 VIDE THE CONSENT
NO.PCB/EKM/DO-1/OA-218/17 TO THE PETITIONER AND HIS BUILDER
EXHIBIT P4 A TRUE COPY OF THE BUILDING PERMIT NO TPI-BA(31672)2017 DATED
30/6/2017 ISSUED BY THE IST RESPONDENT MUNICIPALITY TO THE PETITIONER TO
CONSTRUCT A RESIDENTIAL COMPLEX.
EXHIBIT P5 A TRUE COPY OF THE NOTICE NO 17/3/2017 IN OP NO:27/2017 ALONG
WITH THE COMPLAINT OF THE 3RD RESPONDENT DATED 3/1/2017 AND ANOTHER
ANNEXURE ; ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE REPLY DATED 20/4/2017 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE RECEIPT DATED 15/12/2017 ISSUED BY THE IST
RESPONDENT TO THE PETITIONER TOWARDS THE LAND DEVELOPMENT PERMIT
EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION OF THE IST RESPONDENT DATED
9/2/2018; NUMBERED AS BA-464/2017
EXHIBIT P9 A TRUE COPY OF THE INTERLOCUTORY APPLICATION DATED 15/2/2018
FILED BY THE PETITIONER IN OP.27/2017 BEFORE THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.7562 OF 2018 (U)
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Dated this the 7th day of March, 2018
JUDGMENT
The petitioner has preferred an application, as evidenced by Ext.P7 receipt, before the 1 st respondent, seeking a development permit. It is the case of the petitioner that an application has not been considered by the 1st respondent, citing the pendency of a case before the Ombudsman for Local Self Government Institutions.
2. I have heard the learned counsel for the petitioner, the learned Standing counsel for the respondent Municipality as also the learned Government Pleader for the official respondents.
3. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, and finding that there is no order from the Ombudsman, interdicting the consideration of the application for development permit, there will be a direction to the 1 st respondent to consider and pass orders on the application submitted by the petitioner for development permit, independently, and on W.P.(C).No.7562/2018 2 merits, notwithstanding the pendency of any proceedings before the Ombudsman. The 1st respondent shall pass orders, as directed, within a period of three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the 1st respondent, for further action.
The writ petition is disposed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE prp/7/3/18