Nurani Grama Samudayam vs Palakkad Municipality
2021 Latest Caselaw 10967 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

  WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8722 OF 2021(M)


PETITIONER:

               NURANI GRAMA SAMUDAYAM,
               NEW EXTENSION, NEAR GANAPATHY TEMPLE, NURANI,
               PALAKKAD - 678 004, REPRESENTED BY ITS SECRETARY,
               N. N. KRISHNAN, S/O. LATE N. S. NEELAKANDAN, AGED
               58 YEARS, RESIDING AT NGS-54, SHIVAKAMI, OPPOSITE
               PUNJAB NATIONAL BANK, NURANI, PALAKKAD - 678 004.

               BY ADVS.
               SRI.T.C.SURESH MENON
               SRI.P.S.APPU

RESPONDENTS:

      1        PALAKKAD MUNICIPALITY
               MUNICIPAL OFFICE, PALAKKAD - 678 001, REPRESENTED
               BY ITS SECRETARY.

      2        T. S. HARIHARAN
               RESIDING AT 36/611, PANJAGRAMAM, NURANI P. O.,
               PALAKKAD - 678 004.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
           ==================
                W. P. (C) No.8722 of 2021
           ==================
            Dated this the 7th day of April, 2021

                           JUDGMENT

As per Ext.P11 order dated 22.12.2020, the

petitioner has been directed to remove a shed

alleged to be an unauthorized construction.

According to the petitioner, the shed in question

was constructed on the basis of Ext.P1 permit dated

26.02.1985 and is now being used for storing the

accessories of a 400 year old chariot (Radham) of

the temple of which the petitioner is in-charge.

The petitioner has submitted Ext.P12 representation

before the Municipality. The petitioner has also

expressed the willingness to have the construction

regularized.

2. The petitioner alleges that proceedings have

been initiated by the Municipality at the instance

of the second respondent, who was an earlier

committee member subsequently removed from the

committee. I do not consider it necessary to go

into the said contentions.

W. P. (C) No.8722 of 2021

3. Without expressing anything on merits, I

dispose of the writ petition directing the

Secretary of the first respondent Municipality to

consider Ext.P12 with due notice to the petitioner

and the second respondent and pass appropriate

orders. In the meanwhile, coercive proceedings

pursuant to Ext.P12 shall be deferred.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C).No.8722 OF 2021(M)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 1ST RESPONDENT, DATED 26.02.1985.

EXHIBIT P2 TRUE COPY OF THE APPROVED SKETCH FOR THE SCOOTER SHED, DATED NIL.

EXHIBIT P3 TRUE COPIES OF FEW PHOTOGRAPHS WHICH SHOW THE REDHAM PARKED IN THE SHED ADJACENT TO THE SHED USED FOR STORING THE EQUIPMENTS, DATED NIL.

EXHIBIT P4 TRUE COPIES OF FEW PHOTOGRAPHS WHICH SHOW THE EQUIPMENTS STORED IN THE SHED, DATED NIL.

EXHIBIT P5 TRUE COPIES OF FEW PHOTOGRAPHS WHICH SHOW THE RECONSTRUCTED SHED, DATED NIL.

EXHIBIT P6 TRUE COPY OF THE REPLY SUBMITTED BY THE PRESIDENT OF THE SAMUDAYAM DATED 26.03.2019.

EXHIBIT P7 TRUE COPY OF THE HEARING NOTICE ISSUED BY THE 1ST RESPONDENT DATED 02.04.2019.

EXHIBIT P8 TRUE COPY OF THE WRITTEN SUBMISSION SUBMITTED BY THE PRESIDENT OF THE PETITIONER SAMUDAYAM, DATED 25.04.2019.

EXHIBIT P9 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT VIDE E4-12389/2019 DATED 30.05.2019.

EXHIBIT P10 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 30.11.2019.

EXHIBIT P11 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 22.12.2020.

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PRESIDENT OF THE PETITIONER SAMUDAYAM, DATED 11.01.2021.

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