IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 19488 OF 2019
PETITIONER:
P.P.MATHAI
AGED 59 YEARS
S/O PATHROSE,PUTHENPURAYIL HOUSE,
PAZHOOR,PIRAVOM.P.O,ERNAKULAM,
PIN-686664.
BY ADVS.
C.P.SAJI
SMT.P.DEEPA MOHAN
RESPONDENTS:
1 THE SECRETARY, PIRAVOM MUNICIPALITY
PIRAVOM.P.O,ERNAKULAM,PIN-686664.
2 UDAYAN,
AGED 68 YEARS
S/O KUTTY ACHARI,SANDHYA VIHAR,
PAZHOOR,PIRAVOM.P.O,ERNAKULAM,
PIN-686664.
BY ADVS.
SRI.GEORGE SEBASTIAN, SC, PIRAVOM MUNICIPALITY
SRI.SHIBU JOSEPH
SRI.K.S.ARUN KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.19488/2019
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.19488 of 2019
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Dated this the 09th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1st respondent to consider the Ext.P4 petition after hearing the petitioner and other affected parties and to take appropriate action thereon in accordance with law within a time limit allowed by this Hon'ble Court.
ii. To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1st respondent to take immediate legal action for the removal of the unauthorised constructions made by the 2nd respondent on the eastern side of the petitioner's compound wall.
iii. To issue such other orders or directions which are found necessary by this Hon'ble court in the facts and circumstances of the case.
(SIC)
2. When this writ petition came up for consideration, the learned counsel for the petitioner submitted that he will be satisfied if a direction is issued to the 1 st respondent to W.P.(C).No.19488/2019 3 consider Ext.P4 complaint submitted by him.
3. Heard the learned counsel for the petitioner, learned Standing Counsel for the 1 st respondent and the learned counsel for the 2nd respondent.
4. After hearing both sides, I think there can be a direction to the 1st respondent to consider and pass appropriate orders in Ext.P4, after affording an opportunity of hearing to the petitioner and the 2nd respondent.
Therefore, this writ petition is disposed of in the following manner:
The 1st respondent is directed to consider and pass appropriate orders in Ext.P4 in accordance to law, after giving an opportunity of hearing to the petitioner and the 2nd respondent, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.19488/2019 4 APPENDIX OF WP(C) 19488/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE SALE DEED NO.2262/1974 DATED 5.12.1974 OF THE SRO KOTHATTUKULAM EXHIBIT P2 TRUE PHOTOCOPY OF THE SALE DEED NO.192/1991 DATED 14.01.1991 OF SRO KOTHATTUKULAM EXHIBIT P3 TRUE COPY OF THE PETITION DATED 14.11.2018 FILED BEFORE THE 1ST RESPONDENT EXHIBIT P3 TRUE PHOTOCOPY OF THE RECEIPT DATED 14.11.2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 TRUE PHOTOCOPY OF THE PETITION DATED 1502.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P4(a) TRUE PHOTOCOPY OF THE RECEIPT DATED 15.02.2019 ISSUED BY THE 1ST RESPONDENT EXHIBIT P5 PHOTOGRAPHS OF THE UNATHORIZED CONSTRUCTION MADE BY THE 2ND RESPONDENT.