Rihanna Nazar vs Thaliparambu Municipality
2021 Latest Caselaw 12949 Ker

WP(C) NO. 12111 OF 2021
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
  TUESDAY, THE 15TH DAY OF JUNE 2021 / 25TH JYAISHTA, 1943
                      WP(C) NO. 12111 OF 2021
PETITIONER/S:

         RIHANNA NAZAR, AGED 34 YEARS, W/O.ASHKAR,
         KAKKODAKATHU VALAPPILE PURAYIL HOUSE, HILL TOP
         ROAD, KARIMBAM POST, THALIPARAMBU, KANNUR
         DISTRICT, PIN:670142

         BY ADV ARUN MATHEW VADAKKAN



RESPONDENT/S:

             1. THALIPARAMBU MUNICIPALITY, REP. BY ITS
             SECRETARY, MUNICIPAL OFFICE, THALIPARAMBU P.O,
             KANNUR DISTRICT, PIN: 670141

             2. THE SECRETARY, THALIPARAMBU MUNICIPALITY,
             MUNICIPAL OFFICE, THALIPARAMBU P.O., KANNUR
             DISTRICT, PIN: 670141

             SRI.K.N.ABHILASH, SC


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.06.2021,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 12111 OF 2021
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                                 JUDGMENT

The Writ Petition has been filed challenging Ext.P1

notice, whereby the petitioner has been directed to remove

certain construction which according to the respondents is

unauthorised and to report the same within 7 days. The case

of the petitioner is that such a direction has been issued

even without hearing the petitioner and without any prior

notice.

2. Learned counsel for the respondents on instructions

submitted that Ext.P1 is only a notice. A reading of Ext.P1

would suggest that the Municipality has already decided that

the portion of the building which is directed to be removed

is illegal construction. Such a decision cannot be taken

without notice to the petitioner, who is the affected person.

3. In the above circumstances, this Writ Petition is

disposed of, directing that Ext.P1 will be treated as a show

cause notice directing the petitioner to show cause why the

said portion of the building should not be directed to be

demolished. The petitioner shall submit her objections

treating Ext.P1 as a show cause notice within three weeks

from the date of receipt of a certified copy of this WP(C) NO. 12111 OF 2021

judgment. The respondents shall thereafter consider the

objections and take a decision on the issue after hearing the

petitioner within a further period of one month.

The Writ Petition is disposed of accordingly.

Sd/-

T.R.RAVI JUDGE rkc WP(C) NO. 12111 OF 2021

APPENDIX

PETITIONER'S EXHIBITS

EXT.P1: TRUE COPY OF THE NOTICE ISSUED BY 2ND RESPONDENT TO

THE PETITIONER DATED 03.06.2021.