IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10468 of 2009(C)
1. S.JAYANARAYANAN, S/O.SANKARA NARAYANAN,
... Petitioner
Vs
1. THE CORPORATION OF CALIUCUT-REP. BY
... Respondent
2. THE HEALHTH INSPECTOR, CIRCLE-III,
For Petitioner :SMT.T.RESMI DAMODARAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :31/03/2009
O R D E R
S. Siri Jagan, J.
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W. P (C) No. 10468 of 2009
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Dated this, the 31st March, 2009.
J U D G M E N T
The petitioner is the owner of a three storeyed building in which
he is running a gas agency. Originally, the petitioner bought a
residential building and applied for renewal of the plan for
commercial building. That application was rejected and the building
was assessed as unauthorised construction and on that basis the
petitioner had been paying tax. Now the 2nd respondent has issued
Ext. P2 notice calling upon the petitioner to stop the business carried
on in the building on the ground that it is an unauthorised
construction. In the meanwhile, the petitioner also submitted Ext. P3
application before the 1st respondent for regularisation of the
construction as a commercial building and approving the plan
submitted for that purpose. The petitioner’s grievance is that the 2nd
respondent is proceeding further with Ext. P2 notice and at the same
time Ext. P3 application is also not being considered.
2. I have heard the learned standing counsel for the
respondents also.
3. I am of opinion that the 1st respondent should pass final
orders on Ext. P3 expeditiously and only after the same the 2nd
respondent shall proceed with Ext. P2 notice. Accordingly, the writ
petition is disposed of with the following directions:
The 1st respondent shall consider and pass orders on Ext. P3
application submitted by the petitioner after affording an opportunity
of being heard to the petitioner as expeditiously as possible, at any
W.P.C. No. 10468/09 -: 2 :-
rate, within one month from the date of receipt of a copy of this
judgment. Ext. P2 notice shall be implemented only after the orders
are passed on Ext. P3 as directed above.
Sd/- S. Siri Jagan, Judge.
Tds/
[True copy]
P.S to Judge.