IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 15998 OF 2022
PETITIONER:
HYDROSE
AGED 77 YEARS
S/O. MOIDEEN KUTTY,
VADAKKEPUTHIYOTTIL HOUSE,
KARAPARAMBA P.O.
KACHERY AMSOM DESOM, KOZHIKODE,
PIN - 673010
BY ADVS.
T.D.SUSMITH KUMAR
C.SIVADAS
T.O.DEEPA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
PIN - 695001
2 KOZHIKODE MUNICIPAL CORPORATION
CALICUT BEACH,
NEAR AKASHA VANI, KOZHIKODE.
REPRESENTED BY ITS SECRETARY.
PIN - 673032
WP(C) NO. 15998 OF 2022
2
3 ASHA BAGHAVANDAS
AGED 62 YEARS
D/O. K. P. SREEDHARAN,
2/1271 A, "SHREE", NEAR JEEVAN BIMA NAGAR,
KARAPARAMBA P.O, KOZHIKODE.
PIN - 673010
BY ADVS.
BINDUMOL JOSEPH
SRIVIDYA K
SMT.SURYA BINOY B SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 15998 OF 2022
3
JUDGMENT
Dated this the 6th day of July, 2022 The petitioner is before this Court seeking to direct the Kozhikode Municipal Corporation to dispose of the alleged dispute pertaining to the construction made by the petitioner, by passing a final order taking into consideration Exts.P6 and P9 and after affording an opportunity of hearing to the petitioner.
2. The petitioner states that the petitioner has acquired 2.2 Ares of land in Kacheri Village of Kozhikode District, as per Exts.P1 and P2. The petitioner has been remitting Building Tax in respect of the property. The petitioner constructed a compound wall, well and leach pit in the year 2010 after obtaining Building Permit and getting approval of the Building Plan. The construction was in the year 2010.
3. The petitioner would submit that the construction was made in accordance with the Kerala Municipal Building Rules, WP(C) NO. 15998 OF 2022 4 1999. To the surprise of the petitioner, the 2 nd respondent has served Ext.P5 Showcause Notice on the petitioner now, on 19.05.2021, alleging that the petitioner has trespassed to certain extent of property of the 3 rd respondent while making construction.
4. The petitioner would state that he is a Senior Citizen and he has not encroached upon the land of the 3 rd respondent. By Ext.P8, the petitioner has been directed by the Secretary to the Municipal Corporation to demolish the compound wall, gate and leach pit constructed by the petitioner. The petitioner has submitted Ext.P9 reply to Ext.P8 order.
5. Standing Counsel entered appearance on behalf of the 2nd respondent and resisted the writ petition. The Standing Counsel controverted all the material allegations made by the petitioner in the writ petition.
6. I have heard the learned counsel for the petitioner, the learned Government Pleader representing the WP(C) NO. 15998 OF 2022 5 1st respondent and the learned Standing Counsel representing 2nd respondent. Notice to the 3 rd respondent is dispensed with in view of the nature of the relief being granted in this writ petition.
7. The 2nd respondent has issued Ext.P8 provisional order directing the petitioner to demolish the compound wall, gate and the leach pit constructed by the petitioner. According to the petitioner, those were constructed after obtaining proper Building Permit and the petitioner has not encroached upon the land of any third party. The petitioner has submitted Exts.P6 and P9 replies to the 2nd respondent.
8. In view of the above, this Court is of the view that the Secretary to the 2nd respondent-Corporation can take a final decision in the matter, after affording an opportunity of hearing to the petitioner and the 3rd respondent.
The writ petition is therefore disposed of directing the 2nd respondent-Corporation to consider Exts.P6 and P9 and WP(C) NO. 15998 OF 2022 6 pass orders thereon, within a period of one month, after affording an opportunity of hearing to the petitioner as well as the 3rd respondent.
Sd/-
N.NAGARESH JUDGE spk WP(C) NO. 15998 OF 2022 7 APPENDIX OF WP(C) 15998/2022 PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF THE DEED NO. 2220/2001, DATED 12-07-2021 OF WEST HILL SUB REGISTRAR OFFICE .
Exhibit P-2 A TRUE COPY OF THE DEED NO. 2796/2001, DATED 22-08-2001 OF WEST HILL SUB REGISTRAR OFFICE.
Exhibit P-3 A TRUE COPY OF THE LAND TAX RECEIPT DATED 02-02-2021 ISSUED BY THE VILLAGE OFFICER, KACHERI.
Exhibit P-4 A TRUE COPY OF THE BUILDING TAX RECEIPT DATED 29-09-2020.
Exhibit P-5 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 19-05-2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P-6 A TRUE COPY OF THE REPLY TO SHOW CAUSE DATED 21-06-2021 SUBMITTED BY THE PETITIONER.
Exhibit P-7 A TRUE COPY OF THE TP1/25940/2021 DATED 25-06-2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P-8 A TRUE COPY OF THE PROVISIONAL ORDER DATED 26-06-2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P-9 A TRUE COPY OF THE UNDATED REPLY TO SHOW CAUSE NOTICE.
RESPONDENT'S/S EXHIBITS : NIL