IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 WP(C).No. 2964 of 2010(U) ------------------------- PETITIONER: --------------- M/S.PODUVAL PROPERTIES PVT.LTD, A COMPANY INCORPORATED UNDER THE COMPANIES ACT,1965,REGISTERED OFFICE AT HOSPITAL ROAD, PAYYANNUR, KANNUR-670 307 REP.BY ITS MANAGING DIRECTOR,K.A.NARAYANA PODUVAL. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.V.J.ANAND RESPONDENT --------------- THE PAYYANNUR MUNICIPALITY, PAYYANNUR REP.BY ITS MUNICIPAL SECRETARY. ADV. SRI.M.SASINDRAN (STANDING COUNSEL) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2964 of 2010(U) 2 APPENDIX IN W.P.(C)No.2964/10 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE PERMIT DATED 5.2.99 ISSUED BY THE RESPONDENT TO THE PETITONER. EXT.P2: TRUE COPY OF THE JUDGMENT IN OP.NO.10494/01 DATED 27.3.01. EXT.P3: TRUE COPY OF DEMAND NOTICE NO.86773 DATED 7.3.08 ISSUED BY THE RESPONDENT. EXT.P3(A): TRUE COPY OF DEMAND NOTICE NO.86774 DATED 7.3.08 ISSUED BY THE RESPONDENT. EXT.P3(B): TRUE COPY OF DEMAND NOTICE NO.5543 DATED 7.3.09 ISSUED BY THE RESPONDENT. EXT.P3(C): TRUE COPY OF THE RECEIPT NO.18206 DATED 26.3.08 ISSUED BY THE MUNICIPAL COUNCIL. EXT.P3(D): TRUE COPY OF RECEIPT NO.91111 DATED 29.3.08 ISSUED BY THE MUNICIPAL COUNCIL. EXT.P3(E): TRUE COPY OF RECEIPT NO.91109 DATED 29.3.08 ISSUED BY THE MUNICIPAL COUNCIL. EXT.P4: TRUE COPY OF THE PLAN AND DETAILS OF PROPOSED FIRST FLOOR EXTENION (REGULARISATION) TO THE EXISTING BUILDING (PMC NO.2711/1, 2711/A1 TO 2711/16, 2711/B AND 2711/B1 SUBMITTED AS PART OF THE COMPLETION CERTIFICATE. EXT.P4(A): TRUE COPY OF THE PLAN FOR CELLAR FLOOR EXIST SUBMITTED AS PART OF THE COMPLETION CERTIFICATE. EXT.P4(B): TRUE COPY OF THE PLAN FOR GROUND FLOOR EXST SUBMITTED AS PART OF THE COMPLETION CERTIFICATE. EXT.P4(C) TRUE COPY OF THE PLAN FOR FIRST FLOOR EXIST SUBMITTED AS PART OF THE COMPLETION CERTIFICATE. EXT.P4(D): TRUE COPY OF THE SITE PLAN SHOWING THE LOCATION AND OTHER DETAILS OF FIRST FLOOR EXTENTION (REGULARISATION ) TO THE EXISTING BUILDING (PMC NO.2711/1, 2711/A1 TO 2711/16, 2711/B AND 2711/B1 SUBMITTED AS PART OF THE COMPLETION CERTIFICATE. EXT.P5: TRUE COPY OF THE PUBLIC INFORMATION OFFICER'S LETTER DATED 24.8.09 ISSUED TO THE PETITONER. WP(C).No. 2964 of 2010(U) 3 EXT.P6: TRUE COPY OF THE LETTER FROM THE RESPONDENT DATED 19.9.09 TO THE PETITIONER. EXT.P7: TRUE COPY OF THE APPLICATION DATED 23.10.09 AND THE SITE PLAN SUBMITTED BY THE PETITIONER BEFORE THE MUNICIPAL SECRETARY. EXT.P8: TRUE COPY OF THE RECEIPT ISSUED BY THE MUNICIPALITY TO THE PETITIONER DATED 13.10.09. RESPONDENTS' EXTS: EXT.R1(A): TRUE COPY OF NOTICE DATED 20.11.09 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.R1(B): TRUE COPY OF THE REGISTERED COVER WHICH WAS RETURNED UNCLAIMED BY THE PETITIONER. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.2964 of 2010 --------------------------------- DATED THIS THE 18th DAY OF JUNE, 2010 JUDGMENT The petitioner herein is seeking for a direction to the respondent to consider and pass orders on the application dated 2.4.2009 for regularisation. The petitioner has completed the construction of the building complex. 2. In the counter affidavit filed by the respondent, it is stated that the application has already been disposed of rejecting the same, as the construction is made in violation of the building permit. Exhibit R1(a) is the copy of the said communication which was forwarded by registered post. It is mentioned that the same is returned unclaimed as evident from Exhibit R1(b). 3. The learned counsel for the petitioner submitted that the petitioner, an aged person, has been undergoing treatment for various ailments and probably that led to the return of the postal article. It is therefore prayed that the respondent may be directed to furnish one more copy of Exhibit R1(a) for enabling him to challenge it in appropriate proceedings. W.P.(C)No.2964/10 -2- 4. Therefore, the Writ Petition is disposed of directing the respondent to furnish a copy of Exhibit R1(a) to the petitioner within a period of two weeks to enable the petitioner to challenge the same in appropriate proceedings. T.R.RAMACHANDRAN NAIR, JUDGE. dsn