IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 23109 of 2007(A) --------------------------------------- PETITIONER: ------------------- M/S. IDEAL PROPERTIES AND DEVELOPERS, REPRESENTED BY ITS PARTNER DR. N.P.KAMARUDEEN, 30/739, JETAVANA, POONKUNNAM, THRISSUR. BY ADV. SRI.V.CHITAMBARESH, SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE THRISSUR MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, M.O.ROAD, THRISSUR. 3. THE CHIEF TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. 4. P.P.SREENIVASAN, S/O. PARANKUTTY, RESIDING AT PANIKANPARAMBIL HOUSE, KATTUR P.O., THRISSUR DISTRICT. R1 & R3 BY SPL. GOVT. PLEADER SRI. C.M. SURESH BABU, R2 BY ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATION, ADV. SRI.LELLULAL T.G.THUNDATHIL, ADV. SRI.K.A.SREEJITH, R4 BY ADV. SRI.DINESH R.SHENOY, ADV. SRI.V.V.UNNIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/072008, ALONG WITH W.P.(C). NOS. 28045/ 2006 & 14868/ 2007 THE COURT ON 23/10/2008 DELIVERED THE FOLLOWING: W.P.(C). NO.23109/2007-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BUILDING PERMIT ISSUED BY THE R.2. DTD. 21/07/2005. EXT.P.2: COPY OF THE JUDGMENT IN W.P.(C). NO. 21790/2005 ON THE FILE OF THIS HONOURABLE COURT DTD. 06/08/2005. EXT.P.3: COPY OF THE ORDER IN I.A. NO. 8602/2005 IN O.S. NO. 3123/2005 ON THE FILE OF THE COURT OF THE MUNSIFF OF THRISSUR DTD. 13/10/2005. EXT.P.4: COPY OF THE JUDGMENT IN W.P.(C). NO. 8438/2006 ON THE FILE OF THIS HONOURABLE COURT DTD. 21/03/2006. EXT.P.5: COPY OF THE JUDGMENT IN W.P.(C).NO.10506/2006 ON THE FILE OF THIS HONOURABLE COURT DTD. 05/04/2006. EXT.P.6: COPY OF THE ORDER NO. PW8/B.A/503/04-05 PASSED BY THE R.2. DTD. 09/05/06. EXT.P.7: COPY OF THE JUDGMENT IN W.P.(C). NO. 13022/2006 ON THE FILE OF THIS HONOURABLE COURT DTD. 21/06/2006. EXT.P.8: COPY OF THE INDEMNITY BOND EXECUTED IN FAVOUR OF THE R.2. DTD. 22/05/2006. EXT.P.9: COPY OF THE ORDER IN APPEAL NO. 246/06 ON THE FILE OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS DTD. 16/08/2006. EXT.P.10: COPY OF THE REVISED BUILDING PERMIT ISSUED BY THE R.2. DTD. 28/10/2006. EXT.P.11: COPY OF THE INTERIM ORDER IN W.P.(C). NO. 28045/2006 ON THE FILE OF THIS HONOURABLE COURT DTD. 26/10/2006. EXT.P.12: COPY OF THE ORDER VACATING THE STAY IN W.P.(C). NO. 28045/2006 DTD. 31/10/2006. EXT.P.13: COPY OF THE COMMUNICATION OF THE TOWN PLANNER TO THE R.2. DTD. 29/04/2005. EXT.P.14: COPY OF THE LAND RELINQUISHMENT FORM COUNTERSIGNED BY THE VILLAGE OFFICER DTD. 17/06/2005. EXT.P.15: COPY OF THE MINUTES OF DECISION NO.4 IN THE MEETING OF THE BUILDING COMMITTEE DTD. 18/03/2005. EXT.P.16: COPY OF THE AREA MEASUREMENT SHOWING THE FLOOR AREA RATIO OF THE BUILDING PREPARED BY THE ARCHITECT. EXT.P.17: COPY OF THE DECISION OF THE SPECIAL COMMITTEE RESOLVING TO GRANT ZONAL EXEMPTION DTD. 07/10/2004. W.P.(C). NO.23109/2007-A: EXT.P.18: COPY OF THE DECISION OF THE SPECIAL COMMITTEE RESOLVING TO GRANT ZONAL EXEMPTION DTD. 13/01/2005. EXT.P.19: COPY OF THE INTERIM ORDER IN W.P.(C).NO.14868/2007 ON THE FILE OF THIS HONOURABLE COURT DTD. 24/05/2007. EXT.P.20: COPY OF THE NOTICE ISSUED BY THE R.2. DTD. 07/07/2007. EXT.P.21: COPY OF THE OBJECTION FILED BY THE PETITIONER DTD. 10/07/2007. EXT.P.22: COPY OF THE OFFICE REPORT ISSUED BY THE TOWN PLANNING OFFICER OF THE R.2. DTD. 19/06/2006. EXT.P.23: COPY OF THE LETTER ISSUED BY PALATHINGAL CONSTRUCTIONS TO THE PETITIONER DTD. 11/08/2007. RESPONDENTS' EXHIBITS: EXT.R2: COPY OF THE CIRCULAR NO.C1/2456/06 DTD. 19/03/05 OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. EXT.R2.A: COPY OF THE LETTER NO. C1/964/07 DTD. 29/03/07 OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM ADDRESSED TO THE SECRETARY OF THE CHIEF MINISTER OF KERALA. EXT.R2.B: COPY OF THE OFFICE NOTE DTD. 18/04/07 OF THE MINISTER FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM ISSUED TO THE SECRETARY, LOCAL SELF GOVERNMENT (URBAN) DEPARTMENT. EXT.R4.A: COPY OF THE APPLICATION DTD. 05/01/2005 FILED BY THE PETITIONER. EXT.R4.B: COPY OF THE MINUTES OF THE BUILDING COMMITTEE MEETING DTD. 18/03/2005. EXT.R4.C: COPY OF THE APPLICATION FOR RELINQUISHMENT OF LAND DTD. 22/02/2005 SUBMITTED BY SHRI. KAMARUDHEEN. EXT.R4.D: COPY OF THE LETTER DTD. 29/04/2005 ISSUED BY THE TOWN PLANNER, THRISSUR WITH ENCLOSURES. EXT.R4.E: COPY OF THE APPLICATION DTD. 29/06/2005 FILED BY THE PETTIONER. EXT.R4.F: COPY OF THE CERTIFICATE DTD. NIL. ISSUED BY SHRI. NARAYANA SWAMY, CHARTERED ENGINEER. EXT.R4.G: COPY OF THE REPRESENTATION DTD. 30/06/2005 FILED ON 04/07/2005 BY THE R.4. EXT.R4.H: COPY OF THE REPORT ADVOCATE LIJI.K.V., ADVOCATE COMMISSIONER IN O.S. NO. 3123/2005, MUNSIFF COURT, THRISSUR DTD. 03/10/2005. EXT.R4.I: COPY OF THE REPORT ADVOCATE LIJI.K.V., ADVOCATE COMMISSIONER IN O.S. NO. 3123/2005, MUNSIFF COURT, THRISSUR DTD. 12/12/2005. EXT.R4.J: COPY OF THE LETTER DTD. 23/04/2007 ISSUED TO THE CHIEF TOWN PLANNER. W.P.(C). NO.23109/2007-A: EXT.R4.K: COPY OF THE LETTER OF THE STP (VIGILANCE) DTD. 25/03/2006. EXT.R4.L: COPY OF THE APPLICATION DTD. 17/06/2005 SUBMITTED BY THE PETITIONER. EXT.R4.M: COPY OF THE GOVERNMENT ORDER G.O.(MS).NO.4/06/LSGD. DTD. 05/01/2006. EXT.R4.N: COPY OF THE REPORT OF THE CTP DTD. 29/03/2007. EXT.R4.O: COPY OF THE LETTER ISSUED TO THE PETITIONER BY THE PRINCIPAL SECRETARY, GOVERNMENT OF KERALA DTD. 21/05/2007. //TRUE COPY// P.S. TO JUDGE. prv. K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 23109 OF 2007 A -------------------------------------- Dated this the 31st July, 2007 ORDER Government Pleader takes notice for Respondents 1 & 3. Shri Dinesh R. Shenoy appears for the fourth respondent. Ext.P20 shall be kept in abeyance for a period of ten days in so far as any plastering work alone is concerned. In other words, it is made clear that the petitioner cannot carry out any further construction work of any nature, except plastering, for a period of ten days. I make it further clear that even the plastering work which the petitioner is permitted to do, is entirely at the petitioner's risk and it will not enable the petitioner to raise any equity on the basis that it is permitted to do the plastering work, in the matter of final disposal of the Writ Petition. Post on 10.8.2007 along with W.P.(C) No.14868/07 & 28045/07. H/O. K. M. JOSEPH, JUDGE kbk.