IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 4424 OF 2021
PETITIONER/S:
SKYLINE ORION PARK OWNERS ASSOCIATION
EDAPPALLY, ERNAKULAM 682 024, REP.BY ITS PRESENT
VICE PRESIDENT, ANTONY THOMAS, S/O.THOMAS,
SKYLINE ORION PARK, EDAPPALLY 682 024
BY ADVS.
ASHIK K.MOHAMMED ALI
SMT.P.K.JAYASREETHANKACHI
RESPONDENT/S:
1 STATE OF KERALA
REP.BY THE PRINCIPAL SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE PANCHAYAT DIRECTOR
LOCAL SELF GOVERNMENT DEPARTMENT, PUBLIC OFFICE
BUILDING, THIRUVANANTHAPURAM 695 033.
3 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE
COLLECTORATE, CIVIL STATION, ERNAKULAM 682030
4 THE CORPORATION OF COCHIN
PARK AVENUE, ERNAKULAM 682 011
5 THE ASSISTANT EXECUTIVE ENGINEER
CORPORATION OF COCHIN, ZONAL OFFICE, EDAPALLY
682 024
6 THE ASSISTANT EXECUTIVE ENGINEER
KSEB, EDAPALLY 682 024
7 DR.E.ALIKOYA
ECRA 108, NEAR AL-AMEEN PUBLIC SCHOOL, EDAPPALLY
682 024
8 SAINABA RAKIYAS
D/O.DR. E.ALIKOYA, ECRA 108, NEAR AL-AMEEN
PUBLIC SCHOOL, EDAPPALLY 682 024
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W.P.(C). No. 4424 of 2021
9 AMINA SHAHNAS
D/O.DR. E.ALIKOYA, ECRA 108, NEAR AL-AMEEN
PUBLIC SCHOOL, EDAPPALLY 682 024
10 M/S.ATK ENTERPRISES,
NEAR AL-AMEEN PUBLIC SCHOOL, EDAPPALLY 682 024,
REP.BY ITS MANAGER
11 THE DIRECTOR
THE VIGILANCE AND ANTI CORRUPTION BUREAU,
DIRECTORATE, PMG, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM 695 033
12 ADDL. R12, THE STATION HOUSE OFFICER,
ELAMAKKARA POLICE STATION, ERNAKULAM-682026.
ADDL R12 IS IMPLEADED AS PER ORDER DATED 10-12-
2021 IN IA 4.2021 IN WP(C)4424/2021
BY ADVS.
SRI.C.N.PRABHAKARAN
SRI.S.SHANAVAS KHAN
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 4424 of 2021
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.4424 of 2021
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Dated this the 1st day of July, 2022
JUDGMENT
The writ petition is filed with following prayers:
"i) Call for the entire records of the facts narrated by the petitioner in the writ petition.
ii) Issue a writ of mandamus, any other writ or order, directing the 3rd Respondent to initiate legal action on Exhibits P7 and P18 within one month or a period fixed by this Honourable Court;
iii) Issue a writ of mandamus, any other writ or order, directing the 4th Respondent to initiate legal action on Exhibits P1, P4, P17 and P19, within one week or a period fixed by this Honourable Court;
iv) Issue a writ of mandamus, any other writ or order, directing the Respondent Nos. 1 and 2 to take legal steps against the Respondent Nos. 3 and 4 for the delay in taking legal action on the Petitions and 4 misconduct within one month or a period fixed by this Honourable Court;
v) Issue a writ of mandamus, any other writ or order, directing the 11th Respondent to conduct a vigilance inquiry in the matter relating to the facts leading to the -4- W.P.(C). No. 4424 of 2021 issuance of Exhibits P1, P3, P4, P17, P18 and P19 and the inordinate delay in dealing with the Petitions in the respective Offices, within a period of three months or within a stipulated time as fixed by this Honourable Court and;
vi) Such other relief's that this Honourable Court may deem fit and proper to grant, in the interest of justice."(sic)
2. When this writ petition came up for consideration, the counsel for the petitioner submitted that he will be satisfied if a direction is issued to the 3 rd respondent to consider Exts.P7 and P18 and the 4th respondent to consider Exts.P17 and P19, within a time frame. I think, the prayer can be allowed.
Therefore, this writ petition is disposed of in the following manner:
1. There will be a direction to the 3 rd respondent to consider and pass appropriate orders on Exts.P7 and P18, and the 4th respondent to consider and appropriate pass orders on Exts.P17 and P19, in accordance to law, as expeditiously as possible, at -5- W.P.(C). No. 4424 of 2021 any rate, within two months from the date of receipt of a copy of this judgment.
2. Before passing final orders, respondents 3 and 4 will give an opportunity of hearing to the petitioner, respondents 7 to 11 and other affected parties.
sd/-
P.V.KUNHIKRISHNAN JUDGE das -6- W.P.(C). No. 4424 of 2021 APPENDIX OF WP(C) 4424/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PETITION DATED 10.12.2019 GIVEN TO THE 4TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE RECEIPT FOR REFERENCE NO.EYP3/12770/19 DATED 10.12.2019 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE PETITION DATED 10.12.2019 GIVEN TO THE 6TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE PETITION DATED 13.12.2019 GIVEN TO THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF RECEIPT NO.052009 FOR REFERENCE NO.39563 DATED 13.12.2019 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE LETTER DATED 23.12.2019 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE PETITION DATED 13.12.2019 GIVEN TO THE 3RD RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE PRELIMINARY ORDER DATED 18.12.2019 ISSUED BY 3RD RESPONDENT UNDER SECTION 133, CR.P.C. EXHIBIT P9 TRUE COPY OF THE STATEMENT PREFERRED BY THE 7TH RESPONDENT BEFORE THE 3RD RESPONDENT EXHIBIT P10 TRUE COPY OF THE LETTER NO.DCEKM/12527/2019-M7(1) ISSUED BY THE 3RD RESPONDENT DATED 9.1.2020. EXHIBIT P11 TRUE COPY OF THE LETTER NO.DCEKM/12527/2019-M7(2) ISSUED BY THE 3RD RESPONDENT DATED 9.1.2020 EXHIBIT P12 TRUE COPY OF THE REPORT BY THE 4TH RESPONDENT -7- W.P.(C). No. 4424 of 2021 EXHIBIT P13 TRUE COPY OF THE LETTER NO.EYP3/12770/19 DATED 14.1.2020 ISSUED BY THE 5TH RESPONDENT EXHIBIT P14 TRUE COPY OF THE NOTICE DATED 18.12.2019 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE NOTICE DATED 31.12.2019 ISSUED BY THE 4TH RESPONDENT UNDER SECTION 406 OF THE KERALA MUNICIPALITY ACT.
EXHIBIT P16 TRUE COPY OF THE LETTER NO.EYP3/12770/19 DATED 24.2.2020 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P17 TRUE COPY OF THE PETITION DATED 23.3.2020 GIVEN TO THE 4TH RESPONDENT. EXHIBIT P18 TRUE COPY OF THE LETTER DATED 10.10.2020 ISSUED TO THE 3RD RESPONDENT.
EXHIBIT P19 TRUE COPY OF THE PETITION DATED 10.10.2020 GIVEN TO THE 4TH RESPONDENT.
EXHIBIT P20 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE AERIAL VIEW OF THE PREMISE OCCUPIES BY THE 10THE RESPONDENT.