IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 1860 of 2008(U) ------------------------------------- PETITIONERS: -------------------- 1. T.S.KRISHNAMOORTHY, SWAMI SARANAM, OLLUR, THRISSUR DISTRICT. 2. N.A.RAJU, NEDUMPARAMBIL HOUSE, P.O.POONKUNNAM, THRISSUR DISTRICT. BY ADV. SRI.M.K.DAMODARAN (SR.) SRI.K.A.SALIL NARAYANAN SRI.NELSON J.MANAYIL SRI.P.K.VIJAYAMOHANAN RESPONDENTS: ----------------------- THE THRISSUR CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, AYYANTHOLE, THRISSUR. BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO SRI.LELLULAL T.G.THUNDATHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 1860/2008 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE BUILDING PERMIT NO. PW8/BA/268/05-06 DT. 18/10/2005 BY THE RESPONDENT TO THE P1. EXT.P2. COPY OF THE BUILDING PERMIT NO. PW8/BA/270/05-06 DT. 25/10/05 BY THE RESPONDENT TO THE P1. EXT.P3. COPY OF THE BUILDING PERMIT NO. PW8/BA/269/05-06 DT. 28/10/05 BY THE RESPONDENT TO THE P1. EXT.P4. COPY OF THE APPLICATION DT. 1/1/07 BY THE P1 BEFORE THE RESPONDENT FOR OCCUPANCY CERTIFICATE. EXT.P5. COPY OF THE NOTICE DT. 16/5/2007 BY THE RESPONDENT CORPORATION TO THE P1. EXT.P6. COPY OF THE EXPLANATION DT. 11/08/07 BY THE P1 BEFORE THE RESPONDENT. EXT.P7. COPY OF THE REPRESENTATION DT. 11/12/2007 BY THE P1 BEFORE THE RESPONDENT. RESPONDENT'S EXHIBITS NIL. True copy tga PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 1860 OF 2008 ----------------------------------------------- Dated this the 19th day of March, 2008 J U D G M E N T Sri.M.K.Damodaran, learned counsel for the petitioner addressed extensively on the various grounds raised in the writ petition. His submissions were tried to be answered by Sri.K.B.Mohandas, Standing Counsel for the Corporation. According to Mr.Damodaran, pursuant to the directions issued by the Corporation the petitioners have submitted a revised plan. All the defects noted have now been cured and what remains is only the deficiency of 15 cms. between the two plots. This is a curable deficiency and regularisable under Rule 143 of the Kerala Municipality Building Rules. Application for regularization is Ext.P7. According to Sri.Mohandas petitioners are yet to comply with the direction given to them by the Corporation by submission of a revised plan containing all the three buildings in a single plot. Whatever that be, in view of the assertion of the petitioners that they have complied with the direction of the Corporation regarding submission of a revised plan I dispose of this writ petition directing the Secretary of the Corporation to take up Ext.P7 and consider the same in the light of the revised plan submitted by the petitioners in response to the Corporation's direction and take a just decision on Ext.P7, at the WP(C)N0.1860/08 -2- earliest since the purchasers of the individual plots are suffering on account of non-issuance of occupancy certificate. A decision at any rate will be taken by the corporation within one month of producing a copy of the judgment. If for any reason the Corporation is not inclined to allow Ext.P7 the Corporation shall issue a hearing notice to the petitioners and hear them before passing orders. (PIUS C.KURIAKOSE, JUDGE) KSV/19308