Hynish vs The Kalamasserry Municipality
2021 Latest Caselaw 14085 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. 10906 OF 2021


PETITIONER:

         HYNISH, AGED 43 YEARS
         W/O. SADIK, PEECHINGAPARAMBIL HOUSE,
         EDAPALLY P.O., KOCHI - 682 024.

         BY ADVS.
         K.R.VINOD
         SMT.M.S.LETHA


RESPONDENTS:

    1    THE KALAMASSERRY MUNICIPALITY,
         KALAMASSERY MUNICIPAL OFFICE,
         CHANGAMPUZHA P.O., KALAMASSERRY,
         PIN - 682038, REPRESENTED BY
         ITS SECRETARY.

    2    THE SECRETARY,
         THE KALAMASSERY MUNICIPALITY,
         KALAMASSERRY MUNICIPAL OFFICE,
         CHANGAMPUZHA P.O.,
         KALAMASSERY, PIN - 682038.

         BY SRI M.K.ABOOBACKER, SC

     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.10906/2021

                                2




                            JUDGMENT

Dated this the 7th day of July, 2021

The petitioner who is an owner of 1.33 Ares of land in

Re.Sy.No.114/31 of Thrikkakara North Village of

Kanayannur Taluk has approached this Court challenging

Exts.P3 and P4 orders of the 2nd respondent and seeking a

direction not to demolish any part of the building

constructed by the petitioner under the pretext of Exts.P3

and P4 orders.

2. According to the petitioner, the respondents have

issued Exts.P3 and P4 orders of demolition of building of

the petitioner without issuing notice to the petitioner and

without hearing her.

3. The learned Standing Counsel appearing for the

respondents 1 and 2 submitted that Exts.P3 and P4

happened to be issued in the name of a wrong person WP(C) No.10906/2021

based on some incorrect information received by the

respondents. The learned Standing Counsel representing

respondents 1 and 2 would further submit that any

proceedings against the building of the petitioner will be

proceeded with only after issuing proper notice and

following the statutory procedure.

4. In view of the submission made by the learned

Standing Counsel for the respondents 1 and 2, Exts.P3 and

P4 cannot stand the scrutiny of law. As Exts.P3 and P4 are

admittedly passed on incorrect information, the same are

set aside. Any proceedings against the petitioner shall only

be with notice and proper hearing, and following statutory

formalities.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE ncd/07.07.2021 WP(C) No.10906/2021

APPENDIX OF WP(C) 10906/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 THE COPY OF THE BUILDING PERMIT DATED 07.04.2017 ISSUED IN FAVOUR OF THE PETITIONER BY THE 1ST RESPONDENT

EXHIBIT P2 THE COPY OF THE SANCTIONED PLAN ISSUED BY THE 1ST RESPONDENT

EXHIBIT P3 THE COPY OF THE PRELIMINARY ORDER DATED 20.10.2020 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF HUSBAND OF THE PETITIONER

EXHIBIT P4 THE COPY OF THE ORDER DATED 08.04.2021 ISSUED BY THE 2ND RESPONDENT U/S. 406(3) OF THE KERALA MUNICIPALITY ACT 1994