Prathapachandran vs Secretary, Local Self Government ...
2021 Latest Caselaw 14063 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   WEDNESDAY, THE 7TH DAY OF JULY 2021/16TH ASHADHA, 1943
                     WP(C) NO. 11878 OF 2021


PETITIONER:

         PRATHAPACHANDRAN,
         S/O. K.PRABHAKARAN,
         AGED 70 YEARS, CRA 203A,
         PETTAH P.O.,
         THIRUVANANTHAPURAM - 695024.

         BY ADVS.
         PRATHEESH.P
         S.REKHA KUMARI
         ANJANA KANNATH


RESPONDENTS:

    1    SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM - 695 001.

    2    MUNICIPAL CORPORATION OF THIRUVANANTHAPURAM
         VIKAS BHAVAN P.O, THIRUVANANTHAPURAM - 695033,
         REPRESENTED BY ITS SECRETARY.

    3    PRAJAPATHI BRAHMA KUMARI
         ISHWARIYA VISWA VIDHYALAYA,
         CHARITABLE TRUST, TC NO.30/1729,
         CHAYAKUDI LANE, CROSS ROAD, PETTAH P.O.,
         THIRUVANANTHAPURAM - 695 024,
         REPRESENTED BY ITS CHIEF ORGANIZER.

         BY ADVS.
         R1-R2 SRI. N.NANDAKUMARA MENON (SR.)
         R1-R2 SRI.P.K.MANOJKUMAR
         R3 SRI.S. RAMESH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.11878/2021

                                2




                         JUDGMENT

Dated this the 7th day of July, 2021

This writ petition has been filed by the petitioner

seeking to direct the 2nd respondent to implement Ext.P4

order to demolish the unauthorised construction made by

the 3rd respondent violating the rules under KMBR.

2. From the pleadings it is evident that the Tribunal

for Local Self Government Institutions, Thiruvananthapuram

in Appeal No.733/2019, has passed Ext.P4 order upholding

the direction of the Corporation to demolish the

unauthorised building. Ext.P4 order has not been

challenged from any quarters.

3. When this writ petition came up for hearing

today, the learned counsel for the 3rd respondent submitted

that in deference to the orders of the Tribunal as found in WP(C) No.11878/2021

Ext.P4, the 3rd respondent is going to demolish the disputed

structure within a period of one week and therefore no

positive orders may be required in this writ petition.

In the circumstances, the writ petition is disposed of

recording the submission made by the 3rd respondent that

unauthorised construction will be demolished within a

period of one week.

Sd/-

N. NAGARESH JUDGE ncd/07.07.2021 WP(C) No.11878/2021

APPENDIX OF WP(C) 11878/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 28.11.2017 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO.E11/104923/14 DATED 16.08.2019 PASSED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF NOTICE ISSUED BY THE SUPERINTENDING ENGINEER UNDER THE 1ST RESONDENT BEARING NO.E11/104923/19 DATED 16.10.2019.

Exhibit P4 TRUE COPY OF ORDER DATED 25.02.2021 IN APPEAL NO.733/2019 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM.

Exhibit P5 TRUE COPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 08.04.2021