Kerala High Court
M. Damodaran Master vs Mattannur Municipality on 1 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.982 OF 2021(W)
PETITIONERS:
1 M. DAMODARAN MASTER
AGED 70 YEARS
(FORMER PRESIDENT, MANDALAM CONGRESS COMMITTEE,
MATTANNUR) S/O.KANNAN, PENSIONER, AISWARYA,
METTADI, KOLARI AMSOM, METTADI DESOM, P.O.PORORA,
PIN - 670 702.
2 A.K.RAJESH
PRESIDENT, MANDALAM CONGRESS COMMITTEE, MATTANNUR,
(RESIDING IN SIVAGANGA, MALAKKUTHAZHE MATTANNUR,
PAZHASSI AMSOM, MATTANNUR DESOM, PIN - 670 702.
BY ADVS.
SRI.K.V.PAVITHRAN
SRI.P.P.RAMACHANDRAN
SHRI.JITHIN S SUNDARAN
RESPONDENTS:
1 MATTANNUR MUNICIPALITY
REP. BY THE SECRETARY, P.O.MATTANNUR, KANNUR
DISTRICT, PIN - 670 702.
2 SECRETARY, MATTANNUR MUNICIPALITY
P.O.MATTANNUR, KANNUR DISTRICT, PIN - 670 702.
3 THE MUNICIPAL ENGINEER
MATTANNUR MUNICIPALITY, ASST. ENGINEER, LSGD
SECTION, MATTANNUR MUNICIPALITY, PIN - 670 702,
IRITTY TALUK, KANNUR DISTRICT.
R1-3 BY ADV. SRI.V.M.SYAM KUMAR
R1-3 BY ADV. SMT.P.F.ROSY
R1-3 BY ADV. SMT.SNEHA RAJIV, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2021, ALONG WITH WP(C).555/2021(T), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P(C).Nos.982 & 555 of 2021 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.555 OF 2021(T)
PETITIONERS:
1 M. DAMODARAN MASTER
AGED 70 YEARS
S/O. KANNA, (FORMEER PRESIDENT MANDALAM CONGRESS
COMMITTEE, MATTANNUR) AISWARYAM, METTADI, KOLARI
AMSOM, METTADI DESOM, P.O PORORA, PIN 670 702
2 A.K RAJESH,
AGED 46 YEARS
S/O. BALAN, PRESIDENT, MANDALAM CONGRESS
COMMITTEE, MATTANNUR, RESIDING AT SIVAGANGA,
MALAKKUTHAZHE, PAZHASSI AMSOM, MATTANNUR DESOM,
PIN 670 702
BY ADVS.
SRI.K.V.PAVITHRAN
SRI.P.P.RAMACHANDRAN
SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL
SHRI.JITHIN S SUNDARAN
RESPONDENTS:
1 MATTANNUR MUNICIPALITY
REPRESENTED BY ITS SECRETARY, P.O MATTANNUR,
KANNUR DISTRICT PIN 670 702
2 THE SECRETARY
MATTANNUR MUNICIPALITY P.O, MATTANNUR, KANNUR
DISTRICT, PIN 670 702
3 THE CHAIRPERSON (SMT. ANITHA VENU)
MATTANNUR MUNICIPALITY P.O, MATTANNUR, KANNUR
DISTRICT, PIN 670 702
W.P(C).Nos.982 & 555 of 2021 3
4 THE MUNICIPAL ENGINEER,
MATTANNUR MUNICIPALITY, ASST. ENGINEER , LSGD
SECTION, MATTANNUR MUNICIPALITY, PIN 670 702,
IRITTY TALUK, KANNUR DISTRICT.
R1-4 BY ADV. SRI.V.M.SYAM KUMAR
R1-4 BY ADV. SMT.P.F.ROSY
R1-4 BY ADV. SMT.SNEHA RAJIV
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2021, ALONG WITH WP(C).982/2021(W), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P(C).Nos.982 & 555 of 2021 4
JUDGMENT
As both these writ petitions involve a common issue, they are taken
up for consideration together and disposed by this common judgment.
2. W.P.(C).No.555 of 2021 was filed by the petitioners impugning
Ext.P6 communication of the 4th respondent that informed the petitioners
of the suspension of a building permit that was granted to them. W.P.
(C).No.982 of 2021 is the subsequent Writ Petition filed by the
petitioners aggrieved by Ext.P4 order by which the petitioners were
informed that the building permit issued to them, and which was
suspended earlier, had since been cancelled by the respondents. In both
these Writ Petitions, the grievance of the petitioners is essentially that
the orders suspending the building permit as well as cancelling the
building permit have been passed without hearing the petitioners and
without considering any objections of the petitioners to the proposed
course of action. The contention is essentially that the impugned orders
are vitiated by a non-compliance with the rules of natural justice.
2. I have heard the learned counsel for the petitioners and the
learned Standing counsel for the respondent Municipality.
3. On a consideration of the facts and circumstances of the case
and the submissions made across the Bar, I find force in the contention
of the learned counsel for the petitioners that the orders impugned in
both these Writ Petitions were passed without hearing the petitioners
and without considering their objection to the proposed course of action
that was ultimately adopted by the respondent Municipality. I therefore,
find that the orders impugned in both these Writ Petitions are vitiated by
a non-compliance with the rules of natural justice, and therefore, cannot
be legally sustained. I, therefore, quash the impugned orders in both
these Writ petitions and direct the respondent Municipality to treat
Ext.P4 order in W.P.(C).No.982 of 2021 as a show cause notice issued to
the petitioners calling for their objections against the proposed action for
cancellation of the building permit. The respondents shall also
additionally inform the petitioners as to the grounds on which they
propose to cancel the building permit that was already issued to the
petitioners, and thereafter, consider the objections filed by the
petitioners to the said proposal before passing a fresh order in the
matter. To enable the respondents to pass fresh orders as above, I direct
the petitioner to prefer his objections to Ext.P4 order, by treating the
same as a show cause notice, and after obtaining the additional grounds
from the respondents for the proposed course of action, within two
weeks from the date of receipt of the same from the respondents. The
respondents shall, thereupon consider the objections preferred by the
petitioners and pass fresh orders in the matter, after hearing the
petitioners, within three weeks thereafter.
The petitioners shall produce a copy of the writ petition together
with a copy of this judgment, before the respondents, for further action.
Coercive steps against the petitioners shall not be taken till such time as
orders are passed by the respondents as directed and the order
communicated to the petitioners.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
mns/01.02.2021
APPENDIX OF WP(C) 982/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RENEWED BUILDING PERMIT.
EXHIBIT P2 A TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT CANCELLING THE RENEWAL OF THE
PERMIT.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT DATED 8/1/2021 IN
WP(C) NO.555/5021.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 1/1/2021
PASSED BY THE 2ND RESPONDENT REJECTING
THE RENEWAL APPLICATION.
EXHIBIT P5 THE COVER IN WHICH EXT.P4 ORDER IS SERVED
ON THE 1ST PETITIONER.
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
APPENDIX OF WP(C) 555/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE WRIT PETITION NO
27342/2020 FILED BY THE PETITIONERS
EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER PASSED IN
THE WP(C) NO. 27342/2020 DATED 11-12-2020
EXHIBIT P3 TRUE COPY OF THE COVERING LETTER AND COPY
OF THE ACKNOWLEDGMENT EVIDENCING RECEIPT
OF THE ORDER.
EXHIBIT P4 TRUE COPY OF THE RENEWED BUILDING PERMIT
ISSUED TO THE 1ST PETITIONER.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
27342/2020
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 22-12-2020
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS IN THE
RENEWAL APPLICATION OF THE BUILDING
PERMIT, UNDER RIGHT TO INFORMATION ACT ON
29-12-2020 AND RELEVANT PAGES OF THE
PROCEEDINGS OF THE MUNICIPALITY.
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
