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.
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W.P.(C)No.28450 of 2009
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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