IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 32350 of 2007(A) ----------------------------------- PETITIONER(S): --------------------- 1. A.K.VISWABHARATHI, SARANYA, PUTHENANGADI, KOTTAYAM. 2. P.V.PRASAD, PUTHENPARAMBIL, THIRUVARPPU, KOTTAYAM. BY ADV. SMT.V.P.SEEMANTHINI, SENIOR ADVOCATE SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SRI.T.R.RAJESH SMT.K.P.GEETHA MANI RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, TO GOVT., LOCAL SELF- GOVT. (E) DEPARTMENT, TRIVANDRUM. 2. THE CHIEF TOWN PLANNER, TRIVANDRUM. 3. THE KOTTAYAM MUNICIPALITY REP. BY ITS SECRETARY, KOTTAYAM- 68600 ADV. SRI.SIBY MATHEW FOR R3 SRI.A.A.MOHAMMED GOVT. PLEADER SRI. V. MANU FOR R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 32350/2007 A APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE GO RT NO. 3403/L AND D DT. 29/10/85. EXT.P2. COPY OF THE PERMISSION ORDER DT. 23/09/05 BY THE MUNICIPALITY. EXT.P3. COPY OF THE RELINQUISHMENT FORM AND DECLARATION GIVEN BY THE P1 TO THE MUNICIPALITY DT. 24/6/2005. EXT.P4. COPY OF THE RELINQUISHMENT FORM AND DECLARATION GIVEN BY THE P2 TO THE MUNICIPALITY DT. 8/4/2005. EXT.P5. COPY OF THE GO RT NO. 4970/2005/LSGD DT. 12/12/2005. EXT.P6. COPY OF THE NOTICE DT. 17/2/2006 BY THE MUNICIPALITY. EXT.P7. COPY OF THE REVISED PERMIT DT. 21/3/2007 BY THE MUNICIPALITY. EXT.P8. COPY OF THE ORDER DT. 27/09/2007 BY THE MUNICIPALITY. EXT.P9. COPY OF THE ORDER DT. 27/09/2007 BY THE MUNICIPALITY. EXT.P9. COPY OF THE REPLY DT. 1/10/2007. EXT.P10. COPY OF THE ORDER DT. 22/10/2007 BY THE MUNICIPALITY. EXT.P11. COPY OF THE GOVT. ORDER DT. 1/09/2007. EXT.P12. COPY OF THE NOTIFICATION DT. 7/08/2007. EXT.P13. COPY OF THE OCCUPANCY CERTIFICATE DT. 15/1/2008. EXT.P14. COPY OF THE LETTER DT. 19/6/2009 AND THE RECEIPT SHOWING THE payment OF RS. 3,88,6656/- EXT.P15. COPY OF THE ONE SUCH RECEIPT SHOWING THE PAYMENT OF PROPERTY TAX DT. 27/2/2009. EXT.P16. COPY OF THE GO P NO. 219/2008/LSGD DT. 4/208/2008. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / PS TO JUDGE. Tga THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.32350/2007-A & I.A.15110/2009 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of December, 2009. JUDGMENT The question relating to the zoning of different areas in Kottayam has now taken a final shape as per Ext.P16 Government Order dated 4th August, 2008. It is stated that in terms of that Government Order, which is placed on record along with I.A.15110/2009, the petitioners' application for issuance of occupancy certificate is eligible for consideration. Accordingly, without going into the other issues involved in this writ petition, it is ordered that the Municipality will take up the petitioners' request and issue orders taking into consideration Ext.P16 Government Order. This shall be done within four weeks from the date of receipt of a copy of this judgment. The impugned order will not stand in the way of the Municipality taking such a WPC32350/07 & IA15110/09 -: 2 :- decision. It is so ordered. The writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/2312