P.P.Ummerkutty vs The Kannur Corporation
2021 Latest Caselaw 14666 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                             WP(C) NO. 14041 OF 2021
PETITIONER:

              P.P. UMMERKUTTY
              AGED 63 YEARS, S/O C.N.ABOO, RAHAT MANZIL, PAYYAMBALAM,
              KANNUR 670001.


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



RESPONDENTS:

     1        THE KANNUR CORPORATION
              REP. BY ITS SECRETARY, KANNUR 670001.

     2        THE SECRETARY, KANNUR CORPORATION, KANNUR 670001.

              SMT.MEENA JOHN, SC, KANNUR MUNICIPALITY


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
            ==================
                W. P. (C) No.14041 of 2021
            ==================
            Dated this the 14th day of July, 2021

                         JUDGMENT

The petitioner has approached this Court

aggrieved by Exts.P3 and P4 notice and provisional order issued under Sections 406, 408 and 395 of the

Kerala Municipality Act, for demolition of alleged

illegal constructions. According to the petitioner,

with respect to the very same construction, he was

earlier issued with similar notices. Challenging

the same, he approached the Tribunal by filing

Appeal No.650/17. In the appeal, the Tribunal

passed Ext.P2 order of stay. The order is still in

force. It is pending the same that Exts.P3 and P4

have been issued, contends the petitioner.

2. Heard learned counsel for the petitioner and

Smt.Meena John, learned Standing Counsel for the

respondents.

3. As against Exts.P3 and P4, petitioner has

submitted Ext.P5 reply before the second

respondent. In Ext.P5, petitioner has made W. P. (C) No.14041 of 2021

reference to Ext.P2 interim order relied on by him.

It is for the petitioner to appraise the second

respondent with regard to Ext.P2 order.

The writ petition is disposed of directing the

second respondent to consider Ext.P5 objections

with due reference to Ext.P2 stay order, ascertain

whether it relates to the same subject matter, and

pass orders accordingly. No further directions are

called for.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge WP(C) NO. 14041 OF 2021 APPENDIX PETITIONER'S EXTS:-

EXT.P1 THE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

EXT.P2 THE COPY OF THE INTERIM ORDER OF STAY GRANTED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS DATED 11.07.2017.

EXT.P3 THE COPY OF THE PROVISIONAL ORDER ISSUED BY THE RESPONDENTS DATED 29.06.21.

EXT.P4 THE COPY OF THE SHOW CAUSE NOTICE DATED 29.06.21 ISSUED BY THE RESPONDENTS.

EXT.P5 THE COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 05.07.2021.

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