Kerala High Court
P.K.Subhash Chandra Bose vs Sulthan Bathery Municipality on 11 June, 2021
WP(C) NO. 12129 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
WP(C) NO. 12129 OF 2021
PETITIONER/S:
1.P.K.SUBHASH CHANDRA BOSE
1
AGED 55 YEARS,S/O.KESAVAN CHETTY,PUTHUSSERY
HOUSE,NAMBIARKUNNU P.O,CHEERAL, WAYANAD - PIN 673 595.
2.P.K.SUMATHY,D/O.KESAVAN CHETTY,PUTHUSSERY HOUSE,
NAMBIARKUNNU P.O,CHEERAL, WAYANAD -PIN 673 595.
BY ADVS.
M.P.ASHOK KUMAR
BINDU SREEDHAR
ASIF N
RESPONDENT/S:
1.SULTHAN BATHERY MUNICIPALITY,REP. BY ITS
SECRETARY,SULTHAN BATHERYT, WAYANAD - 673 592.
2.THE SECRETARY, SULTHAN BATHERY MUNICIPALITY,SULTHAN
BATHERY, WANAYAD - 673 592.
3. ASSISTANT ENGINEER,SULTHAN BATHERY
MUNICIPALITY,SULTHAN BATHERY, WAYANAD - 673 592.
OTHER PRESENT:
SRI.JAYAKUMAR NAMBOODIRI.V., SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12129 OF 2021
2
JUDGMENT
The writ petition is filed, inter alia, to quash Ext.P6
order.
2. The petitioners have averred in the writ petition
that they jointly own a building numbered as SBP 915 to
922 in Sy. No.243 of Kuppadi Village, Sulthan Bathery Taluk.
The 3rd respondent had served Ext.P1 notice on the
petitioners to demolish the building. As the petitioners were
not served with any notice, they had approached this Court
and filed W.P (C) No.17676/2018. This Court by Ext.P2
judgment directed the above notice to be treated as a show
cause notice and the petitioners be given an opportunity of
being heard before a final decision is taken. Thereafter, the
petitioners had filed Ext.P3 objections and were heard in
the matter. In fact, the 2nd respondent assured that the
WP(C) NO. 12129 OF 2021
matter would be considered in a positive manner. The
petitioners have also submitted Ext.P5 site plan, but no
orders have been passed on the same. Surprisingly, Ext.P6
order has been passed directing the petitioners to demolish
the building within 48 hours. The 1st respondent has acted
in a mala fide manner and Ext.P6 is in violation of Ext.P2
judgment. Hence the writ petition.
3. Heard the learned counsel appearing for the
petitioners and the learned Standing Counsel appearing for
the respondents.
4. On a consideration of the pleadings and materials
on record particularly Ext.P6 order passed by the 2 nd
respondent, it is seen that the petitioners have an alternative
and efficacious statutory remedy under the Kerala
Municipalities Act and the Rules framed thereunder.
However, it is brought to the notice of this Court that the
Tribunal for Local Self Government Institutions is not
holding regular sittings due to the pandemic. In the said
WP(C) NO. 12129 OF 2021
circumstances, I am of the firm view, to meet the ends of
justice that the petitioners should granted a breathing time
to work out their statutory remedies.
In the result, the writ petition is disposed of by directing
the respondents not to enforce Ext.P6 order for a period of
four weeks from today, in order to enable to the petitioners
to work out their statutory remedies.
Sd/-
C.S.DIAS
ma/ 11.6.2021 JUDGE
WP(C) NO. 12129 OF 2021
APPENDIX
Petitioners' Exhibits:
EXT.P1: TRUE COPY OF THE NOTICE DT. 25.5.2018
ISSUED BY THE 3RD RESPONDENT
EXT.P2: TRUE COPY OF THE JUDGMENT IN W.P (C)
NO.17676 OF 2018 DT. 2/8/2018
EXT.P3: TRUE COPY OF THE OBJECTION DT.20/08/2018
FILED BY THE PETITIONERS
EXT.P4: TRUE COPY OF THE HEARING NOTICE
NO.G3/11781/18 DT.25/09/2018
EXT.P5: TRUE COPY OF THE CERTIFIED SITE PLAN
SUBMITTED BY THE PETITIONER ON 6/10.2018
EXT.P6: TRUE COPY OF DEMOLITION ORDER
NO.TP1/DOB/2018 ISSUED BY THE 2ND
RESPONDENT DT.04/06/2021
