Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member Services -- Sign up today and get free trial for one month.
Kerala High Court
Biju V.R @ Biju Vaishyanparambil vs Municipal Council, Kattappana ... on 10 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
WP(C) NO. 17181 OF 2024
PETITIONER/S:
BIJU V.R @ BIJU VAISHYANPARAMBIL
AGED 49 YEARS, S/O RAJAPPAN,
VAISHYANPARAMBIL HOUSE, PRAKASH P.O,
THANKAMONY, IDUKKI, PIN - 685 609.
BY ADV
JOMY K. JOSE
RESPONDENT/S:
1 MUNICIPAL COUNCIL,
KATTAPPANA MUNICIPALITY,
REPRESENTED BY ITS CHAIRPERSON,
KATTAPPANA P.O, IDUKKI DISTRICT,
PIN - 685 508.
2 BABY MATHAI,
PULLANICKKAL HOUSE, VELLATHOOVAL P.O,
PANAMKUTTY, IDUKKI, PIN - 685 563.
3 THE SECRETARY,
KATTAPPANA MUNICIPALITY,
KATTAPPANA P.O, IDUKKI DISTRICT,
PIN - 685 508.
OTHER PRESENT:
SRI UNNIKRISHNAN V. ALAPPATT - STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.17181 of 2024
2
JUDGMENT
Against Ext.P7 license issued by the 3rd respondent to the 2nd respondent, the petitioner has preferred Ext.P8 appeal before the 1st respondent, Municipal Council under Section 509 (1) of the Kerala Municipality Act. 1994. The limited prayer of the petitioner is for a direction to the 1 st respondent to consider and dispose of Ext.P8 expeditiously.
2. Heard the learned Counsel for the petitioner and the learned Standing Counsel for respondents 1 and 3.
3. In the nature of the order I propose to pass, notice to the 2nd respondent is dispensed with.
4. Ext.P8 being a statutory appeal, there will be a direction to the 1st respondent to dispose of the same in accordance with law within a period of six weeks WP(C) No.17181 of 2024 3 from the date of receipt of a copy of this judgment after hearing the petitioner and the 2nd respondent.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN, JUDGE S.M.K. WP(C) No.17181 of 2024 4 APPENDIX PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER, POINTING OUT THE DANGEROUS CONDITION OF THE BUILDING DATED 03-02-2024 Exhibit P2 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
4843 OF 2024 DATED 07-02-2024 Exhibit P3 A TRUE COPY OF THE PHOTOGRAPHS SHOWING THE DILAPIDATED CONDITION OF THE BUILDING Exhibit P4 A TRUE COPY OF THE ORDER ISSUED BY THE SECRETARY OF KATTAPPANA MUNICIPALITY DATED 27-03-2024, VIDE NUMBER R3-64328/2024 Exhibit P5 A TRUE COPY OF THE REPORT SUBMITTED BY THE ASSISTANT ENGINEER, KATTAPPANA MUNICIPALITY, DATED 15-02-2024 Exhibit P6 A TRUE COPY OF THE AUCTION NOTICE PUBLISHED BY THE KATTAPPANA MUNICIPALITY, DATED 01-02- 2024 Exhibit P7 A TRUE COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT DATED 02-04-2024 VIDE NUMBER BFIF01-M060200-00054-2024 Exhibit P8 A TRUE COPY OF THE STATUTORY APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 19-04-2024