IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 18111 OF 2022
PETITIONER:
SUNEER I.,
AGED 49 YEARS
S/O Y. IBRAHIMKUTTY, PUTHENKANDATHIL HOUSE,
KUNNAMPALLY BHAGOM, AIKYA JUNCTION,
KAYAMKULAM, ALAPPUZHA- 690 502.
BY ADVS.
GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
NIMESH THOMAS
MANU SRINATH
SHERIN EDISON
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT
OF KERALA, LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM KERALA 695 001.
2 KAYAMKULAM MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
KAYAMKULAM, ALAPPUZHA - 690 502.
3 SECRETARY,
KAYAMKULAM MUNICIPALITY, KAYAMKULAM,
ALAPPUZHA - 690 502.
4 ASHARAFUDEEN,
AGED 54 YEARS, S/O KOCHUNNI, PARAMBIL THARAYIL,
KEERIKKAD VILLAGE, KAYAMKULAM P.O.,
ALAPPUZHA DISTRICT - 690 502.
BY SRI.SYAMANTHAK B S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.18111/2022
:2:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) No.18111 of 2022
`````````````````````````````````````````````````````````````
Dated this the 3rd day of June, 2022
JUDGMENT
~~~~~~~~~ The petitioner, who is a resident of Kayamkulam Municipality, has filed this writ petition seeking to declare that the Municipal authorities lack the authority and jurisdiction to regularise the unauthorised construction made by the 4th respondent and hence cannot number the illegally constructed building.
2. When the writ petition came up for admission today, the learned counsel for the petitioner submitted that the 4th respondent, who has allegedly resorted to illegal construction, had filed W.P.(C) No.12478/2022 seeking to direct the Secretary to the Municipality to consider Ext.P7 representation and pass orders thereon. Ext.P7 W.P.(C) No.18111/2022 :3: representation in W.P.(C) No.12478/2022 filed by the petitioner therein (4th respondent herein) is one seeking to regularise the construction and number the building.
3. The learned counsel for the petitioner apprehends that in view of Ext.P8 judgment, to which the petitioner was not a party, respondents 2 and 3 are likely to take a decision in favour of the 4th respondent herein.
4. The learned Standing Counsel, after obtaining telephonic instructions, submitted that final orders are not passed pursuant to Ext.P8 judgment.
5. I have heard the learned counsel for the petitioner, the learned Government Pleader representing the 1st respondent and the learned Standing Counsel representing respondents 2 and 3. In view of the limited relief being granted to the petitioner herein, notice to the 4th respondent is dispensed with.
6. It is evident from Ext.P4 complaint, receipt of which is acknowledged as per Ext.P5, that the petitioner had raised complaint against the building construction by the 4th W.P.(C) No.18111/2022 :4: respondent in violation of the Building Rules. As the petitioner's grievance is said to be subsisting, it will be only just and proper that the 3rd respondent consider the grievance of the petitioner also before taking a decision on the representation filed by the 4th respondent.
In the circumstances, the writ petition is disposed of directing the 3rd respondent to hear the petitioner and the 4th respondent also before taking a final decision on the representation (Ext.P7 in W.P.(C) No.12478/2022) submitted by the 4th respondent for regularisation and numbering of his building.
Sd/-
N. NAGARESH, JUDGE aks/03.06.2022 W.P.(C) No.18111/2022 :5: APPENDIX OF WP(C) 18111/2022 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 06.09.2021.
Exhibit P1 A A TRUE COPY OF THE LAND TAX RECEIPT DATED 20.10.2021.
Exhibit P1 B A TRUE COPY OF THE LAND TAX RECEIPT DATED 20.10.2021 .
Exhibit P1 C A TRUE COPY OF THE LAND TAX RECEIPT
DATED 22.10.2021
Exhibit P2 A TRUE COPY OF THE LICENCE DATED
27.04.2021 ISSUED BY THE 2ND
RESPONDENT FOR THE PETITIONER'S
BUSINESS
Exhibit P3 A TRUE COPY OF THE PHOTOGRAPHS SHOWING
THE CONSTRUCTED RESIDENTIAL BUILDING OF THE 4TH RESPONDENT.
Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED 17.06.2020 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5 A TRUE COPY OF THE ACKNOWLEDGEMENT DATED 11.09.2020 ISSUED BY THE 2ND RESPONDENT FOR THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P6 A TRUE COPY OF THE COMPLAINT DATED 08.03.2021 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH THE ACKNOWLEDGEMENT ISSUED BY THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE WRIT PETITION W.P.
(C) NO. 12478/2022 FILED BY THE 4TH RESPONDENT BEFORE THE HONOURABLE HIGH COURT.
W.P.(C) No.18111/2022 :6: Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 06.04.2022 IN W.P.(C) 12478/2022 BEFORE THE HONOURABLE HIGH COURT. Exhibit P9 A TRUE COPY OF THE ACKNOWLEDGEMENT DATED 02.06.2022 ISSUED BY KAYAMKULAM POLICE STATION ON THE COMPLAINT RECEIVED FROM THE PETITIONER.