Joshy E.K. vs Wadakanchery Municipality
2021 Latest Caselaw 2234 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

 WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA,
                          1942

                  WP(C).No.21734 OF 2020(N)


PETITIONER:

              JOSHY E.K., AGED 47 YEARS
              S/O.KOCHUVARKEY MASTER, EMMATTY HOUSE,
              PUDURUTHY P.O., THRISSUR DISTRICT, PIN-680
              623.

              BY ADV. SRI.SHOBY K.FRANCIS

RESPONDENTS:

     1        WADAKANCHERY MUNICIPALITY
              REPRESENTED BY ITS SECRETARY, WADAKANCHERY
              MUNICIPALITY OFFICE, WADAKKANCHERY P.O.,
              THRISSUR DISTRICT-680 582.

     2        SECRETARY, WADAKANCHERY MUNICIPALITY,
              WADAKKANCHERY P.O., THRISSUR DISTRICT-680
              582.

     3        THE DISTRICT COLLECTOR,
              COLLECTORATE, THRISSUR-680 003.

     4        REVENUE DIVISIONAL OFFICER,
              OFFICE OF THE RDO, AYYANTHOLE P.O., THRISSUR-
              680 003.

     5        CIRCLE INSPECTOR OF POLICE/STATION HOUSE
              OFFICER,
              WADAKANCHERY POLICE STATIN, WADAKKANCHERY
              P.O., THRISSUR DISTRICT-680 582.

     6        TAHSILDAR,
              TALAPPILLY TALUK, TALUK OFFICE, WADAKKANCHERY
              P.O., THRISSUR DISTRICT-680 582.
 W.P.(C) No.21734 of 2020

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       7      HEALTH INSPECTOR,
              COMMUNITY HEALTH CENTRE, WADAKANCHERY,
              KUMARANELLUR P.O., THRISSUR-680 590.

       8      KERALA STATE POLLUTION CONTROL BOARD,
              THRISSUR-680 001, REPRESENTED BY ITS
              ENVIRONMENTAL ENGINEER, OFFICER OF THE KSPCB,
              THRISSUR-680 001.

       9      STATION OFFICER,
              FIRE AND RESCUE STATION, OFFICE OF THE FIRE
              AND RESCUE DEPARTMENT, KUMARANELLUR P.O.,
              WADAKANCHERY, THRISSUR-680 590.

       10     JUSTUS P.J.
              S/O.JOSEPH, PUTHANPURAKKAL HOUSE, PUDURUTHY
              P.O., THRISSUR DISTRICT-680 623.

              R1-2 BY SRI.P.P.THAJUDEEN, SC, WADAKANCHERY
              MUNICIPALITY
              R10 BY ADV. SMT. PRABISHA T.P.
              SMT. G. RANJITHA GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.21734 of 2020

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                         W.P.(C) No.21734 of 2020
                 -----------------------------------------------


                                    JUDGMENT

The tenth respondent has established a badminton court

within the limits of the first respondent Municipality in a building

constructed by him without obtaining a building permit. The

petitioner, a neighbouring property owner has approached this Court

in the writ petition for a direction to prevent the said unauthorised

activity undertaken by the tenth respondent.

2. On 22.10.2020, this Court passed the following

interim order:

"Admit.

The learned Government Pleader takes notice for respondents 3 to 7 and 9. Respective Standing Counsel take notice for respondents 1, 2 and 8. Issue notice by speed post as also by e-mail to the tenth respondent.

It is submitted by the learned Standing Counsel for respondents 1 and 2 that the badminton court referred to in the writ petition is functioning without licence in an unauthorised building. In the circumstances, the second respondent is directed to prohibit the recreation activities of the tenth respondent, if such activities require licence in terms of the Kerala Municipality Act."

W.P.(C) No.21734 of 2020

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3. It is seen that in the meanwhile, the tenth

respondent has preferred an application for regularisation of the

building. On 28.12.2020, the Municipality has issued Annexure R2(a)

order on the said application, in terms of which the construction of

the building has been regularised as a commercial building. In other

words, the tenth respondent cannot use any portion of the building

as a badminton court.

4. In the light of the subsequent development

referred to above, the writ petition is disposed of making it clear

that the user of the building hereafter shall only be in accordance

with Annexure R2(a) order.

Sd/-

P.B.SURESH KUMAR, JUDGE

ds 20.01.2021 W.P.(C) No.21734 of 2020

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APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COLOR PHOTOGRAPHS OF THE LOCATION DATED NIL.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE BTR DATED NIL.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 01.10.2020 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 2, 3, 4, 5, 6, 8 AND 7.

EXHIBIT P4 TRUE COPY OF THE POSTAL RECEIPT DATED 06.10.2020.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R10 A TRUE COPY OF THE REGULARIZATION APPLICATION OF THE 10TH RESPONDENT DATED 14/7/2020 WHICH WAS SUBMITTED ON 14/9/2020 WITH THE 2ND RESPONDENT

EXHIBIT R10 B TRUE COPY OF THE RECEIPT ACKNOWLEDGMENT RECEIPT OF EXT.P10(A) APPLICATION BY THE 2ND RESPONDENT

ANNEXURE R2(A) THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 28.12.2020