The Kozhikode Corporation vs Basheer C.K
2021 Latest Caselaw 17708 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                     &
                  THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
           Friday, the 27th day of August 2021 / 5th Bhadra, 1943
                             WA NO. 1079 OF 2021

    AGAINST JUDGMENT DATED 22.06.2021 IN WP(C) 21634/2020 OF THIS COURT

                                     ---

APPELLANTS/RESPONDENTS 1 & 2:

1.THE KOZHIKODE CORPORATION, REPRESENTED BY ITS SECRETARY,

 CALICUT BEACH, NEAR AKASHVANI,    KOZHIKODE DISTRICT,PIN-673032.

2.THE SECRETARY,THE KOZHIKODE CORPORATION,CALICUT BEACH,

  NEAR AKASHVANI,KOZHIKODE DISTRICT,PIN-673032.

BY SRI.G.SANTHOSH KUMAR, STANDING COUNSEL

RESPONDENTS/PETITIONER & RESPONDENTS 3 TO 21:

1.BASHEER C.K., AGED 47 YEARS,

  S/O. AYAMMED KUTTY, CHENNAN KULANGARA HOUSE,     MANGAD, PUTHUR P.O.,

  KOZHIKODE DISTRICT-673582.     REPRESENTED BY POWER OF ATTORNEY HOLDER
HUSSAIN HAJI.P.P.

2.THE STATE OF KERALA,

  REPRESENTED BY THE SECRETARY TO GOVERNMENT,

  LOCAL SELF GOVERNMENT DEPARTMENT,SECRETARIAT,

  THIRUVANANTHAPURAM-695001.

3.THE SECRETARY TO GOVERNMENT,LOCAL SELF GOVERNMENT DEPARTMENT,

  GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695001.

4.THE DIRECTOR OF MUNICIPALITIES,THIRUVANANTHAPURAM-695033.

5.THE DIRECTOR OF PANCHAYATS,THIRUVANANTHAPURAM-695033.

6.THE CHIEF TOWN PLANNER,GOVERNMENT OF KERALA,

  THIRUVANANTHAPURAM-695033.

                                                                    P.T.O.
 7.THE DISTRICT TOWN PLANNER,1ST FLOOR, UPPER ZONE,

  HOUSING BOARD BUILDING,SANTHI NAGAR,

  THIRUVANANTHAPURAM-695001.

8.THE DISTRICT TOWN PLANNER,MUNICIPAL BUILDING,

  CHINNAKKADA,KOLLAM-691001.

9.THE DISTRICT TOWN PLANNER,CIVIL STATION,ANNEX-5TH FLOOR,

  THATHAMPALLY P.O.,ALAPPUZHA-688013.

10.THE DISTRICT TOWN PLANNER, III FLOOR, MINI CIVIL STATION,

   PATHANAMTHITTA-689645.

11.THE DISTRICT TOWN PLANNER,

   OFFICE OF THE DISTRICT TOWN PLANNER LSGD PLANNING,

   ST.ANTONY'S COMPLEX-II,NEAR MUNICIPAL BUS STAND,     NAGAMPADAM,
KOTTAYAM-686001.

12.THE DISTRICT TOWN PLANNER,

   OFFICE OF THE DISTRICT TOWN PLANNER LSGD PLANNING,

   IDUKKI COLONY.P.O, IDUKKI-685602.

13.THE DISTRICT TOWN PLANNER,

   OFFICE OF THE DISTRICT TOWN PLANNER.LSGD PLANNING,

   DPC SECRETARIAT BUILDING,4TH FLOOR,CIVIL STATION,

   KAKKANAD ERNAKULAM-682030.

14.THE DISTRICT TOWN PLANNER,

   OFFICE OF THE DISTRICT TOWN PLANNER,   LSGD PLANNING DISTRICT
PLANNING BHAVAN,2ND FLOOR,

   AYYANTHOLE, THRISSUR-680022.

15.THE DISTRICT TOWN PLANNER,

   OFFICE OF THE DISTRICT TOWN PLANNER LSGD PLANNING,

   CIVIL STATION,PALAKKAD-678001.

                                                                      P.T.O.
 16.THE DISTRICT TOWN PLANNER,

   OFFICE OF THE DISTRICT TOWN PLANNER LSGD PLANNING,

  CIVIL STATION, MALAPPURAM-676505.

17.THE DISTRICT TOWN PLANNER,

   OFFICE OF THE DISTRICT PLANNER LSGD PLANNING, IV FLOOR,

   KUDFC BUILDING CHAKKORATHUKULAM, WEST HILL P.O.,KOZHIKODE-673005.

18.THE DISTRICT TOWN PLANNER ,OFFICE OF DISTRICT TOWN PLANNER,

   LSGD PLANNING, 3RD FLOOR, DISTRICT PLANNING BHAVAN,

   CIVIL STATION, KALPETTA, WAYANAD-673122.

19.THE DISTRICT TOWN PLANNER,

   OFFICE OF THE DISTRICT TOWN PLANNER,

   LSGD PLANNING DPC SECRETARIAT,

   CIVIL STATION, KANNUR-670002.

20.THE DISTRICT TOWN PLANNER,

   OFFICE OF THE DISTRICT TOWN PLANNER,

   LSGD PLANNING, DPC SECRETARIAT BUILDING,

   CIVIL STATION COMPOUND,

   VIDHYANAGAR.P.O, KASARGOD-671123.

BY ADV.SRI.ABDUL JAVAD K. FOR R1.

SRI.TEK CHAND, SENIOR GOVERNMENT PLEADER FOR R2 TO R20.


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to issue an interim order staying the operation of the judgment dated
22/06/2021 of the Learned Single Judge in W.P.(C) No.21634/2020, pending
disposal of this Writ Appeal.


     This Writ Appeal coming on for orders on 27.08.2021 upon perusing
the appeal memorandum, the court passed the following:

                                                                  P.T.O.
                     S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
                      -------------------------------------------------------
                                   W.A.No.1079 OF 2021
                     ---------------------------------------------------------
                        Dated this the 27th day of August, 2021.

                                            ORDER

S. MANIKUMAR, CJ

Sri. Abdul Javad K., learned Counsel, takes notice for the 1 st

respondent. Sri. Tek Chand, learned Senior Government Pleader,

takes notice for respondents 2 to 20.

Sri. Tek Chand, learned Senior Government Pleader submitted

that, seeking review of the directions issued in so far as the master

plan is concerned, the State is planning to file a review petition.

Post after three weeks.

Sd/-

S. MANIKUMAR, CHIEF JUSTICE.

Sd/-

SHAJI P. CHALY, JUDGE

uu 27.08.2021

27-08-2021 /True Copy/ Assistant Registrar