Kerala High Court
A. Kaja Hussain vs The Palakkad Municipality on 30 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
WP(C) NO. 24823 OF 2019
PETITIONERS:
1 T.CHANDRASEKHARAN,
AGED 69 YEARS,
S/O.LATE K.PRABHAKARAN,
GANESH KEERTHAN, EASWAR GARDENS,
N.H. BY PASS ROAD, KALPATHI.P.O.,
PALAKKAD-678003.
2 A.A.ABDULLAH,
AGED 57 YEARS,
S/O.A.ABDUL RAHIM, 15/610,
ARAKKAL, EASWAR GARDENS,
N.H. BY PASS ROAD,
KALPATHI.P.O., PALAKKAD-678003.
3 PRIYA DEVI,
AGED 47 YEARS,
W/O.B.SATEESH KUMAR, LAKSHMI,
EASWAR GARDENS, N.H. BY PASS ROAD,
KALPATHI.P.O., PALAKKAD-678003.
4 B.SATHEESH KUMAR,
AGED 50 YEARS,
S/O.BALAKRISHNAN, LAKSHMI,
EASWAR GARDENS, N.H. BY PASS ROAD,
KALPATHI.P.O., PALAKKAD-678003.
5 PRASEETHA.K.M.,
AGED 47 YEARS,
D/O.K.M.SAROJINI MENON, EASWAR GARDENS,
N.H. BY PASS ROAD, KALPATHI.P.O.,
PALAKKAD-678003.
6 M.PRADEEP KUMAR,
AGED 39 YEARS,
S/O.M.PARAMESHWARI, 15/603-1,
EASWAR GARDENS, N.H. BY PASS ROAD,
KALPATHI.P.O., PALAKKAD-678003.
7 V.SARIKA,
AGED 37 YEARS,
D/O.C.KANNAN, 15/603-1,
EASWAR GARDENS, N.H.BY PASS ROAD,
KALPATHI.P.O., PALAKKAD-678003.
WP(C) Nos.24823/2019 & 14654/2021
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8 L.R.VAIDYANATHAN,
S/O.LATE L.V.RAMACHANDRAN, 15/612-5,
FLAT NO.2B, S.A. HOMES ICON, EASWAR GARDENS,
N.H.BY PASS ROAD, KALPATHI.P.O.,
PALAKKAD-678003.
9 KRISHNA SWAMY.K.V.,
AGED 50 YEARS,
S/O.VENKITA KRISHNAN.K.V., 1/634,
EASWAR GARDENS, N.H. BY PASS ROAD,
OLD KALPATHI.P.O., PALAKKAD-678003.
BY ADVS.
R.HARIKRISHNAN
SMT.A.SINDHU LEKSHMI
SRI.C.V.MOHAN
SMT.ANJANA MOHAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 DIVISIONAL OFFICER,
FIRE AND RESCUE SERVICES, CIVIL STATION P.O.,
PALAKKAD, PIN-678001.
3 PRINCIPAL SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, TRIVANDRUM, PIN-695001.
4 PALAKKAD MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
PALAKKAD.P.O., PALAKKAD-678001.
5 A.KAJAHUSSAIN,
S/O.O.AHAMED KABEER, AGE UNKNOWN,
15/282, INSAF, PARAKKUNNAM P.O.,
PALAKKAD-678001.
BY ADVS.
SRI.BINOY VASUDEVAN
SRI.MANSOOR.B.H.
GOVERNMENT PLEADER SRI. MANU RAJ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.07.2021, ALONG WITH WP(C).14654/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.24823/2019 & 14654/2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
WP(C) NO. 14654 OF 2021
PETITIONER:
A. KAJA HUSSAIN,
AGED 49 YEARS,
S/O. AHAMED KABEER, 15/282,
INSAF, PARAKKUNNAM, PALAKKAD, 678 001.
BY ADV MANSOOR.B.H.
RESPONDENTS:
1 THE PALAKKAD MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE, PALAKKAD-678 001.
2 THE SECRETARY,
PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE,
PALAKKAD-678 001.
3 MUNICIPAL ENGINEER,
PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE,
PALAKKAD-678 001.
BY ADV. SRI.BINOY VASUDEVAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.07.2021, ALONG WITH WP(C).24823/2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.24823/2019 & 14654/2021
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JUDGMENT
~~~~~~~~~
Dated this the 30th day of July, 2021
[WP(C) Nos.24823/2019 & 14654/2021]
W.P.(C) No.24823/2019 has been filed by the
petitioners who are residents of Easwer Gardens in Kalpathy.
According to the petitioners, the 5th respondent, under the
guise of constructing residential building, has started
construction of a commercial building without proper sanction
or plan, violating the Kerala Municipality Building Rules. The
5th respondent has not obtained clearance from the Fire and
Rescue Department either. The petitioners therefore seek to
direct respondents 1 to 4 to take immediate action as per law
against the illegal construction being done by the 5th
respondent and to demolish the portions of the construction
which are in clear violation of the Kerala Municipality Building
Rules.
WP(C) Nos.24823/2019 & 14654/2021
2. W.P.(C) No.14654/2021 has been filed by the
petitioner (5th respondent in W.P.(C) No.24823/2019) seeking
to direct the respondent to issue occupancy certificate to the
petitioner in the light of Ext.P7 as early as possible.
3. As the complaint filed by the petitioners in W.P.(C)
No.24823/2019 involves disputed questions of fact, this Court
will not be justified to adjudicate the issue based on facts.
Therefore, this Court is of the considered opinion that the
petitioners can be relegated to the competent authorities for
resolution of the dispute, if any.
4. Accordingly, the Municipal Engineer, who is the 3 rd
respondent in W.P.(C) No.14654/2021, is directed to consider
the issue after granting an opportunity of hearing to the
petitioners in both the writ petitions and place a report before
the Secretary to the Municipality, who is the 2 nd respondent in
W.P.(C) No.14654/2021. On the basis of the report of the
Municipal Engineer, the 2nd respondent-Secretary shall take a
final decision on the request made by the petitioner in W.P.(C)
No.14654/2021 for grant of occupancy certificate. A report
WP(C) Nos.24823/2019 & 14654/2021
shall be submitted by the Municipal Engineer within four
weeks and the Secretary shall take a decision based thereon
within a further period of three weeks.
Writ petitions are disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/02.08.2021
WP(C) Nos.24823/2019 & 14654/2021
APPENDIX OF WP(C) 24823/2019
PETITIONERS' EXHIBITS:
EXHIBIT P1 THE COPY OF THE LETTER DATED
21.11.2018.
EXHIBIT P2 THE COPY OF THE LETTER DATED
21.12.2018.
EXHIBIT P3 THE LETTER DATED 12.12.2018 ADDRESSED
TO THE 5TH RESPONDENT BY THE REGIONAL
FIRE OFFICER, PALAKKAD.
EXHIBIT P4 THE PHOTOGRAPHS OF THE ILLEGAL
CONSTRUCTIONS MADE BY THE 5TH
RESPONDENT.
EXHIBIT P5 THE COPY OF THE COMPLAINT DATED
28.1.2019 FILED BY THE PETITIONER'S
RESIDENTS ASSOCIATION.
EXHIBIT P6 THE REPLY GIVEN BY THE OFFICE OF THE
4TH RESPONDENT DATED 8.2.2019.
WP(C) Nos.24823/2019 & 14654/2021
APPENDIX OF WP(C) 14654/2021
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
7.2.2018.
EXHIBIT P2 TRUE COPY OF THE ORDER OF REVENUE
DIVISIONAL OFFICER, PALAKKAD IN
PROCEEDINGS NO.J-2830/2008/K-DIS.
EXHIBIT P3 TRUE COPY OF THE BUILDING PERMIT
NO.PW5-BA/8246/2018 DATED 11.1.2018
ISSUED ON BEHALF OF THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REVISED BUILDING
PERMIT NO.BA/101/17-18/E5 DATED
11.4.2019.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED
6.8.2019 OF THE STATION OFFICER, FIRE
AND RESCUE DEPARTMENT.
EXHIBIT P6 TRUE COPY OF THE STATUTORY FORM IN
APPENDIX E SUBMITTED BY THE OWNER DULY
SIGNED BY THE CONCERNED STRUCTURAL
ENGINEER.
EXHIBIT P7 TRUE COPY OF THE ACKNOWLEDGEMENT OF
STATUTORY FORM IN APPENDIX E SUBMITTED
BY THE OWNER DULY SIGNED BY THE
CONCERNED STRUCTURAL ENGINEER
SR
