Biju J. Thadikkal vs The State Of Kerala

Citation : 2024 Latest Caselaw 18832 Ker
Judgement Date : 28 June, 2024

Kerala High Court

Biju J. Thadikkal vs The State Of Kerala on 28 June, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) No.36141/2018                            1/4                        Order Date : 28-06-2024

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                         THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
                      Friday, the 28th day of June 2024 / 7th Ashadha, 1946
                                     WP(C) NO. 36141 OF 2018
   PETITIONER:

          BIJU J. THADIKKAL, AGED 52 YEARS, S/O JACOB T.P., THADIKKAL HOUSE,
          POST- TRIPUNITHURA, ERNAKULAM DIST-682301.

   RESPONDENTS:

      1. THE STATE OF KERALA, REP BY PRINCIPAL SECRETARY TO GOVERNMENT LOCAL
         SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM - 695001.
      2. THE DIRECTOR OF URBAN AFFAIRS,DEPARTMENT OF URBAN AFFAIRS, MUSEUM.
         P.O., THIRUVANANTHAPURAM, PIN-695033.
      3. THE SECRETARY, TRIPUNITHURA MUNICIPALITY, LAYAM ROAD, THRIPUNITHURA
         P.O., ERNAKULAM DISTRICT, PIN-682301


        Writ Petition (Civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to issue an interim direction staying all further proceedings
   including coercive steps if any, initiated by the respondent No.3 pursuant
   to Exhibits P1 to P1(q) demand Notices, pending disposal of this Writ
   Petition (civil).


        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   30.11.2018 and upon hearing the arguments of M/S K.RAKESH ROSHAN &
   SMT.THUSHARA.V, Advocates for the petitioner and of GOVERNMENT PLEADER for
   R1 & R2, the court passed the following:
 WP(C) No.36141/2018                      2/4                  Order Date : 28-06-2024




                         MURALI PURUSHOTHAMAN, J.
                    ---------------------------------------------
             W.P.(C) Nos.6203 OF 2019, 36141 of 2018, 37231
             of 2018, 38843 of 2018,4701 of 2019, 5836 of 2019
                          & W.P.(C) No.24436 of 2019
                  -------------------------------------------------
                       Dated this the 28th day of June, 2024


                                     ORDER

Post on 15.07.2024.

The pleadings to be completed in the meantime.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-.

WP(C) No.36141/2018 3/4 Order Date : 28-06-2024 APPENDIX OF WP(C) 36141/2018 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 9/8/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/495 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 9/8/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/496 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 9/8/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/497 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 9/8/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/498 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 3/10/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/499F EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 9/8/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/490 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 9/8/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/489 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 9/8/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/491 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 9/8/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/492 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 9/8/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/493 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 9/8/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/494 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 3/10/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/499D EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 3/10/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/499A EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 9/8/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/498 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 9/8/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/487 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 9/8/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/488 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 3/10/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/499E WP(C) No.36141/2018 4/4 Order Date : 28-06-2024 EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED 3/10/2018 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO BUILDING DOOR NO.20/499D EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT ISSUED TO HIM FOR PAYMENT OF TAX FOR THE 2ND HALF OF 2017-2018 EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER NO.144/15/LSGD DATED 27/04/2015 ISSUED BY THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.6772/2017 DATED 04/08/2017 EXHIBIT P5 TRUE COPY OF THE ONE SUCH INTERIM ORDERS PASSED BY THIS HON'BLE COURT, IN WP (C) NO. 13031/2018 DATED 12/4/2018