C.V.Jacob vs State of Kerala

Type Court Judgment Court Kerala Decided Jul 01, 2022

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Citation: sooperkanoon.com/1579667
Court: Kerala High Court
Judge: Honourable Mr. Justice Shaji P.Chaly
Decided On: Jul 01, 2022
Case Number: WP(C)/34136/2016

Parties & Advocates

Appellant / Petitioner

C.V.Jacob

Respondent

State of Kerala

Excerpt

.....fazil, sc r1 to 3 - smt.k.r.deepa, special government pleaderthis writ petition (civil) having been finally heard on 01.07.2022, the court on the same day delivered the following: w.p.(c) no. 34136/2016 :2:shaji p. chaly, j.w.p.(c). no. 34136 of 2016 dated this the 1st day of july, 2022.judgmentthe petitioner has filed this writ petition seeking the following reliefs:1. declare that section 113(2) of the town and country planning act, 2016 is ultra vires to the constitution of india and infringes the fundamental rights of the petitioner and hence void;2. issue a writ of certiorari or such other writ, order or direction and quash exts.p1 and p2.2. the subject matter of the writ petition is in regard to theaction taken by the kochi municipal corporation against the petitioner for having conducted commercial activities in a residential area namely panampilly nagar.3. however, the state government has later issued agovernment order, g.o.(p) no. 83/2018/lsgd dated 31.10.2018, by which the area is notified as a mixed zone and therefore, the owners are entitled to carry on commercial activities in the residential w.p.(c) no. 34136/2016 :3: area in accordance with law and in terms of the scheme existing for the area and the master plan.4. in that view of the matter, nothing survives to be adjudicatedin this writ petition. accordingly, this writ petition is disposed of as infructuous recording the above aspect. sd/- shaji p. chaly, judge. rv w.p.(c) no. 34136/2016 :4: appendix of wp(c) 34136/2016 petitioner's exhibits: exhibit p1. true copy of the town planning under the town planning act, 1108, m.e. for elamkulam west published on 16/7/1964. exhibit p2. true copy of g.o/ms/290/69/dd dated 15/10/1969. exhibit p3. true copy of circular dated 18/2/2016 issued by the government. respondents' exhibits: nil /true copy/ ps to judge. rv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944 WP(C) NO. 34136 OF 2016 PETITIONER/S: C.V.JACOB AGED 53 YEARS S/O.C.P.VARKEY, CHAKKALAKKAL HOSUE, G-287, PANAMPILLY NAGAR, KOCHI. BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.MANJUNATH MENON SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE PRINCIPAL SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 3 THE PRINCIPAL SECRETARY DEVELOPMENT( MUNCIPAL RULES) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4 THE GREATER COCHIN DEVELOPMENT AUTHORITY REPRESENTED BY ITS SECRETARY, KADAVANTHRA, KOCHI-682 020. 5 THE CORPORATION OF COCHIN CORPORATION OFFICE, PARK AVENUE, KOCHI,REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.M.K.THANKAPPAN, SC, GCDA SRI.D.G.VIPIN R4 BY SRI.K.K.ANAND, SC, G.C.D.A. R5 BY SRI. P. FAZIL, SC R1 TO 3 - SMT.K.R.DEEPA, SPECIAL GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 34136/2016 :2:
SHAJI P. CHALY, J.
W.P.(C). No. 34136 of 2016 Dated this the 1st day of July, 2022.

JUDGMENT

The petitioner has filed this writ petition seeking the following reliefs:

1. Declare that Section 113(2) of the Town and Country Planning Act, 2016 is ultra vires to the Constitution of India and infringes the fundamental rights of the petitioner and hence void;

2. Issue a writ of certiorari or such other writ, order or direction and quash Exts.P1 and P2.

2. The subject matter of the writ petition is in regard to the

action taken by the Kochi Municipal Corporation against the petitioner for having conducted commercial activities in a residential area namely Panampilly Nagar.

3. However, the State Government has later issued a

Government Order, G.O.(P) No. 83/2018/LSGD dated 31.10.2018, by which the area is notified as a mixed zone and therefore, the owners are entitled to carry on commercial activities in the residential W.P.(C) No. 34136/2016 :3: area in accordance with law and in terms of the scheme existing for the area and the master plan.

4. In that view of the matter, nothing survives to be adjudicated

in this writ petition. Accordingly, this writ petition is disposed of as infructuous recording the above aspect. sd/- SHAJI P. CHALY, JUDGE. Rv W.P.(C) No. 34136/2016 :4: APPENDIX OF WP(C) 34136/2016 PETITIONER'S EXHIBITS: EXHIBIT P1. TRUE COPY OF THE TOWN PLANNING UNDER THE TOWN PLANNING ACT, 1108, M.E. FOR ELAMKULAM WEST PUBLISHED ON 16/7/1964. EXHIBIT P2. TRUE COPY OF G.O/MS/290/69/DD DATED 15/10/1969. EXHIBIT P3. TRUE COPY OF CIRCULAR DATED 18/2/2016 ISSUED BY THE GOVERNMENT. RESPONDENTS' EXHIBITS: NIL /True Copy/ PS To Judge. rv

Same Court & Year Kerala · 2022 Same Parties C.V.Jacob vs State of Kerala Same Judge Honourable Mr. Justice Shaji P.Chaly