IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 4614 of 2002(Y) ---------------------- PETITIONER: ------------ JALAJAKUMARI,AGED 36 YEARS,W/O.PRAJEEV, RESIDING AT T.C.5/514,NEETHI NAGAR,HOUSE NO.158, INDIRA NAGAR,PEROORKADA P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.P.S.RAMESH KUMAR SMT.ANNAMMA ABRAHAM RESPONDENTS: ------------- 1. THIRUVANANTHAPURAM CORPORATION, REPRESENTED BY ITS SECRETARY,CORPORATION BUILDINGS,L.M.S.JUNCTION. 2. TOWN PLANNING OFFICER,THIRUVANANTHAPURAM CORPORATION,CORPORATION BUILDINGS,L.M.S.JUNCTION, THIRUVANANTHAPURAM. 3. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.N.NANDAKUMARA MENON,SC,TVM CORPN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.8221/2002 IN O.P.NO.4614/2002 DISMISSED. 4-1-2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE PROVISIONAL ORDER DATED 27/10/97 BY THE 1ST RESPONDENT. EXT.P2. TRUE COPY OF THE CHALAN RECEIPT FOR REMITTANCE OF RS.500/- DATED 16-12-97. EXT.P3. TRUE COPY OF THE CHALAN RECEIPT FOR REMITTANCE OF RS.760 DATED 30-12-97 EXT.P4. TRUE COPY OF THE CHALAN RECEIPT FOR REMITTANCE OF RS.20/- DATED 30-12-97. EXT.P5. TRUE COPY OF THE FINAL ORDER DATED 12-2-1998 ISSUED BY THE 1ST RESPONDENT. EXT.P6. TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT TO CONSIDER THE APPLICATION FOR EXEMPTION DATED 2-5-1998. EXT.P7. TRUE COPY OF THE NOTICE FOR PLAN DATED 3-11-1998 ISSUED BY THE 2ND RESPONDENT. EXT.P8. TRUE COPY OF THE NOTICE FOR REMITTANCE OF RS.1000/- DATED 18/10/99 BY THE 2ND RESPONDENT. EXT.P9. TRUE COPY OF THE NOTICE OF REMITTANCE OF RS.500/- DATED 3-12-99 BY THE 2ND RESPONDENT. EXT.P10. TRUE COPY OF THE CHALAN RECEIPT FOR REMITTANCE OF RS.500/- DATED 18-2-2000 O.P.NO.4614/2002 -:2:- EXT.P11. TRUE COPY OF THE FORM FOR INTIMATION FOR ASSESSMENT OF THE UNAUTHORISED CONSTRUCTION ISSUED BY THE 2ND RESPONDENT. EXT.P12. TRUE COPY OF THE TAX RECEIPT OF RS.962/- DATED 17-11- 2000. EXT.P13. TRUE COPY OF THE TAX RECEIPT OF RS.468/- DATED 27-11- 2000. EXT.P14. TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER TO VACATE THE BUILDING DATED 20-12-2001 EXT.P15. TRUE COPY OF THE STATEMENT FILED BY THE RESPONDENT CORPORATION DATED 30-1-2002 IN O.P.NO.2684/2002 EXT.P16. TRUE COPY OF THE REPLY AFFIDAVIT FILED BY THE PETITIONER DATED 7-2-2002 IN O.P.2684/2002 / TRUE COPY / P.S. to JUDGE KURIAN JOSEPH, J. ----------------------------------------- O.P. No.4614 of 2002 ----------------------------------------- Dated this the 4th day of January, 2008 JUDGMENT The prayer is for a direction to the first respondent to consider the case of the petitioner for exemption from Building Rules. In case the petitioner has still any grievance left, the petitioner may approach the Government in which case the matter will be duly considered by the Government with notice to the petitioner and the first respondent within another four months. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.4614 of 2002 ----------------------------------- JUDGMENT 4th January, 2008