Kerala High Court
Michael Vineesh vs State Of Kerala on 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
WP(C) NO. 24593 OF 2021
PETITIONER:
MICHAEL VINEESH
AGED 41 YEARS
S/O.LATE VARGHESE, VACHAKKAL HOUSE,
FORT KOCHI, ERNAKULAM - 682 001.
BY ADVS.
C.R.SANISH
KARTHIK S. ACHARYA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF LOCAL SELF GOVERNMENT, TRIVANDRUM.
2 CORPORATION OF COCHIN
REP. BY ITS SECRETARY, COCHIN, ERNAKULAM - 682 001.
3 THE SECRETARY
CORPORATION OF COCHIN, COCHIN, ERNAKULAM - 682 001.
4 COMMITTEE CONSTITUTED UNDER KERALA MUNICIPALITY BUILDING
(REGULARISATION OF UNAUTHORISED CONSTRUCTION) RULES 2018
REP. BY ITS CONVENOR DISTRICT TOWN PLANNER KAKKANAD,
ERNAKULAM - 682 030.
5 ASSISTANT ENGINEER
KERALA STATE ELECTRICITY BOARD, ELECTRICAL SECTION,
FORT KOCHI.
6 MANI PRASAD
AGED 50 YEARS
W/O.PRASAD, ILLIPARAMBIL HOUSE, JUBILEE JUNCTION,
COCHIN, ERNAKULAM - 682 001.
SRI.APPU.P.S, GP
SRI.SUDHEER GANESH KUMAR
SRI.K.JANARDHANA SHENOY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24593 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following prayers:
"(i) Writ of of mandamus or any appropriate writ, order or
direction commanding respondent 1 to take decision on
Exhibit P11 Review Application preferred by this petitioner
within a time frame as fixed by this honourable court and to
forward the same with the 4th respondent for appropriate
decision.
(ii) Writ of mandamus or any appropriate writ, order or
direction commanding Respondents 2, 3 & 5 to keep in
abeyance all coercive action in pursuant to Ext P8; Ext P9
and Ext P10 notice till a final decision is arrived at by the 1 st
respondent in Ext P11 Application and to stay the operation
of Ext P1 and Ext P7 Orders till the final decision of Ext P11
Review application.
2. Heard the learned counsel for the petitioner, the learned
Government Pleader, the learned counsel appearing for respondents 2
and 3 as well as the learned counsel for the 5th respondent.
3. It is submitted by the learned counsel for the petitioner that the
petitioner is the owner in possession of 1.13 Ares of property in Fort
Kochi Village in Cochin Taluk under the jurisdiction of the 2nd
respondent Corporation. It is submitted that the 2 nd respondent had
WP(C) NO. 24593 OF 2021
issued orders for demolition of an unauthorized construction of
residential building of the petitioner. Though petitioner had submitted
Ext.P3 application for regularization of the unauthorized construction,
the same had been rejected by the 2nd respondent by Ext.P7 order. It is
submitted that the petitioner had obtained all required certificates and
documents and had also approached the 2nd respondent seeking a review
of the order. Thereafter, a statutory application seeking review under
Rule 10 of the Kerala Municipality Building (Regularization of
Unauthorized Construction) Rules, 2018 (for short 'the 2018 Rules') has
also been submitted as Ext.P11.
4. The learned counsel for the petitioner submits that in the
meanwhile, further demolition notices had also been issued to the
petitioner. The petitioner seeks a consideration of Ext.P11 application for
review under Rule 10 of the 2018 Rules and seeks that further coercive
proceedings may be kept in abeyance till the application is considered
and disposed of.
5. Having heard the learned counsel for the petitioner and the learned
WP(C) NO. 24593 OF 2021
Government Pleader as well as the learned counsel for respondents 2 and
3, I am of the opinion that since the petitioner has submitted an
application for review as Ext.P11 in terms of Rule 10 of the 2018 Rules,
the same is liable to be considered in accordance with law. I notice that
Ext.P9 notice requiring demolition is dated 20.10.2021. The learned
counsel for the petitioner submits that in view of the request made by the
petitioner, the demolition has been kept in abeyance.
6. There will be a direction to the 1 st respondent to take up Ext.P11
application submitted by the petitioner and to consider and pass orders
on the same, in accordance with law, after hearing the petitioner, the 3 rd
respondent as well as the 6th respondent and any other affected parties
within a period of four months from the date of receipt of a copy of this
judgment. In case the unauthorized construction of the petitioner has not
actually been demolished on the basis of the notices issued, further
coercive steps shall be kept in abeyance till the application for stay filed
along with Ext.P11 application is considered and disposed of with notice
to all concerned.
WP(C) NO. 24593 OF 2021
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 24593 OF 2021
APPENDIX OF WP(C) 24593/2021
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER PASSED BY TRIBUNAL
FOR LOCAL SELF GOVERNMENT INSTITUTIONS,
THIRUVANANTHAPURAM IN APPEAL NO.601/2016
DATED 20/12/2017.
Exhibit P2 TRUE COPY OF THE COMMON JUDGMENT OF THIS
HON'BLE COURT IN WP(C) NOS.10209/2018 AND
34152/2018 DATED 10/12/2019.
Exhibit P3 TRUE COPY OF THE APPLICATION FOR
REGULARIZATION FILED BY THE PETITIONER
DATED 06/06/2020.
Exhibit P4 TRUE COPY OF JUDGMENT DATED 02/03/2021 IN
WPC 26183/2020.
Exhibit P5 TRUE COPY OF REQUEST PREFERRED BY THE
PETITIONER WITH THE 2ND RESPONDENT DATED
10/08/2021.
Exhibit P6 TRUE COPY OF RECEIPT ISSUED BY THE 2ND
RESPONDENT DATED 13/10/2021.
Exhibit P7 TRUE COPY OF ORDER ISSUED BY THE 3RD
RESPONDENT DATED 26/08/2021.
Exhibit P8 TRUE COPY OF NOTICE DATED 15/09/2021 ISSUED
BY THE 2ND RESPONDENT.
Exhibit P9 TRUE COPY OF NOTICE DATED 20/10/2021 ISSUED
BY THE 2ND RESPONDENT.
Exhibit P10 TRUE COPY OF NOTICE DATED 25/10/2021 ISSUED
BY THE 5TH RESPONDENT.
Exhibit P11 TRUE COPY OF REVIEW APPLICATION DATED
01/11/2021 PREFERRED BY THE PETITIONER WITH
THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
