V.P.Ramesh vs Thrikkakara Municipality
2021 Latest Caselaw 10531 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       WP(C).No.8209 OF 2021(A)


PETITIONER:

               V.P.RAMESH
               AGED 51 YEARS
               S/O. OF PARAMESHWARAN, VARUNAPUZHA MADHAVAM HOUSE, B
               M NAGAR, EDAPALLY P.O., EDAPALLY P.O., ERNAKULAM,
               KERALA - 682 024.

               BY ADVS.
               SRI.E.ADITHYAN
               SMT.MEERA RAMESH
               SMT.BHAIRAVI S.N
               SRI.J.HARIKRISHNA
               SRI.THEJAN RAJ
               SHRI.ASHWIN BALACHANDRAN

RESPONDENTS:

      1        THRIKKAKARA MUNICIPALITY
               REPRESENTED BY ITS SECRETARY, THRIKKAKARA,
               KOCHI - 682 030.

      2        SECRETARY, THRIKKAKARA MUNCIPALITY
               THRIKKAKARA, KOCHI - 682 030.

      3        THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR
               FIRST FLOOR, K B JACOB RD., FORT KOCHI, KOCHI,
               KERALA - 682 001.

               R1 & R2 BY ADV SRI.G.G.MANOJ, SC
               R3 BY G.P SRI.PAUL ABRAHAM VAKKANAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8209 OF 2021(A)



                               JUDGMENT

Dated this the 29th day of March 2021

The petitioner is aggrieved by the erection of a

tent in front of his four storied commercial building

by third parties. The tent has been put up illegally

and is liable to be removed by the respondent

municipality, contends the petitioner. Voicing the

grievance the petitioner has filed Ext P2 complaint

before the 2nd respondent as early as on 04.01.2021 but

without any action, laments the petitioner.

After having heard the learned counsel for the

municipality and the learned counsel for the

petitioner, I dispose of this writ petition directing

the 2nd respondent to consider Ext P3 complaint and hear

the occupants of the tent in question, if any, and take

appropriate action without delay. Needless to say that

if the tent in question has been put up illegally, same

shall be removed.

Sd/-

SATHISH NINAN

JUDGE vdv WP(C).No.8209 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTO OF THE ILLEGAL CONSTRUCTION OF THE TENT RIGHT IN FRONT OF THE PETITIONERS PROPERTY.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION FORWARDED TO MUNICIPALITY SECRETARY DATED 4/01/2021.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION FORWARDED TO RDO DATED 4/1/2021.