Sunny Housing (India ) Pvt Ltd vs The Corporation Of Cochin on 25 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23896 of 2009(F)


1. SUNNY HOUSING (INDIA ) PVT LTD.,
                      ...  Petitioner

                        Vs



1. THE CORPORATION OF COCHIN,
                       ...       Respondent

2. THE ASST.EXECUTIVE ENGINEER,

3. THE STATE OF KERALA,

                For Petitioner  :SRI.S.ANANTHAKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :25/08/2009

 O R D E R
           THOTTATHIL B. RADHAKRISHNAN, J.

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                  W.P(C) No. 23896 OF 2009 F
            ````````````````````````````````````````````````````
            Dated this the 25th day of August, 2009

                          J U D G M E N T

The petitioner applied for a building permit and

remitted the permit fee etc. Later, the matter was taken up by the

Government on certain objections by the local residents and a

stop memo was issued under the instructions of the Government.

That was in September 2006. The construction activity based on

Ext.P1 building permit dated 25.4.2006 thus comes to a stand still.

With the passage of time the question has not been concluded

either way by the Government or by the Corporation. Under such

circumstances, the petitioner sought relief and confined its

submission, at the stage of admission, to its request that the

petitioner may be granted the relief of refund of amounts paid by it

to the Corporation as per Ext.P2. That appears to be a

reasonable request. One does not part with money for no

purpose. The Corporation submits through its learned standing

counsel that the petitioner’s request Ext.P9 has not been received

by the Corporation. The petitioner states that he has the postal

WPC.23896/09
: 2 :

acknowledgment regarding the delivery of the original of Ext.P9.

But, matters need not lie down even for that.

2. In the aforesaid circumstances, without entering on

merits, this writ petition is ordered directing that if the petitioner

produces a copy of Ext.P9, along with the certified copy of this

judgment, the competent authority in the Corporation will take a

final decision on that request, within a period of five weeks

therefrom.

Sd/-

(THOTTATHIL B. RADHAKRISHNAN, JUDGE)

aks

// True Copy //

P.A. to Judge