High Court Kerala High Court

Sam Sujendra Kumar vs Corporation Of … on 1 June, 2010

Kerala High Court
Sam Sujendra Kumar vs Corporation Of … on 1 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 28450 of 2009(A)


1. SAM SUJENDRA KUMAR, S/O. DAVIS,
                      ...  Petitioner

                        Vs



1. CORPORATION OF THIRUVANANTHAPURAM,
                       ...       Respondent

2. SECRETARY CORPORATION OF

3. THIRUVANANTHAPURAM DEVELOPMENT

                For Petitioner  :SRI.G.S.REGHUNATH

                For Respondent  :SRI.K.A.JALEEL, SC., TRIDA

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :01/06/2010

 O R D E R
                  T.R.RAMACHANDRAN NAIR,J.
                    -------------------------------------
                     W.P.(C)No.28450 of 2009
                       ---------------------------------
          DATED THIS THE 1ST DAY OF JUNE, 2010

                              JUDGMENT

This writ petition is one filed seeking for issuance of a writ

of mandamus or a direction to the respondents to receive the

fees as per Rules and approve the originals of Exhibits P1 and P2

submitted by the petitioner before respondents 2 and 3 to

construct a double storeyed building.

2. The petitioner herein was the 2nd respondent in W.P.

(C)No.36957/08 wherein an order passed by the Tribunal for

Local Self Government Institutions holding the view that the

petitioner is having the deemed licence has been upheld by this

Court. The petitioner, therefore, seeks for a direction to approve

the plan for enabling the petitioner to construct the building for

which the deemed licence have been recognised by the Tribunal

and by this Court.

3. The necessary facts for the disposal of the Writ

Petition are the following:

4. The petitioner and his wife are the absolute owners in

possession of 43 cents of land in Sy.No.436 of Peroorkada Village

W.P.(C)No.28450/09 -2-

within the limits of the Thiruvananthapuram Corporation. The

permit was sought for constructing a two storeyed building. Even

though the application for permit was thus approved, later

another application for a nine storeyed building was submitted

before the 1st respondent, to utilise the entire potential of the

property. As per the revised plan submitted by the petitioner,

the first five floors are proposed to be constructed as commercial

buildings and the remaining four floors as residential flats. This

was submitted on 4.1.2008.

5. The inaction on the part of the Corporation in not

granting permit to the petitioner resulted in the petitioner

approaching the Tribunal and the Tribunal passed an order dated

13.6.2008, Ext.P5 wherein it was held that the petitioner is

entitled for a deemed permit as per the provisions contained in

Section 392(2) of the Municipalities Act. Thereafter, Exhibit P6

application was submitted by the petitioner before the 2nd

respondent requesting him to receive the plan fees for approving

the plan produced as Exhibits P1 and P2.

6. It appears that the petitioner moved the Ombudsman

for Local Self Government Institution also as the Corporation was

W.P.(C)No.28450/09 -3-

not responding to the application.

7. The learned Senior Counsel appearing for the

Corporation submitted that it is upto the Corporation to take a

decision on the plans submitted and various procedures provided

under Rules will have to be undertaken in the matter. Now that

the Tribunal’s order has been upheld by this Court in W.P.(C)

No.36957/08, the Corporation is bound to take appropriate follow

up action based on the application submitted by the petitioner in

terms of the Kerala Municipality Act, 1994 and the Rules in

question, viz, Kerala Municipalities Building Rules.

8. Therefore, appropriate action will be taken in terms of

the request Exhibit P6 as well as the plans produced, i.e.,

originals of Exhibits P1 and P2 within a period of one month from

the date of receipt of a copy of this judgment. The decision

thereon will be communicated to the petitioner.

The Writ Petition is disposed of as above.

T.R.RAMACHANDRAN NAIR, JUDGE.

dsn