K.A.Cheriyan vs Adarsh M K
2022 Latest Caselaw 4890 Ker

WA No.526/2022                            1/2


                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE C.S.DIAS
                                         &
                     THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
              Friday, the 29th day of April 2022 / 9th Vaisakha, 1944
                                W.A.NO. 526 OF 2022
    AGAINST THE JUDGMENT DATED 14.03.2022 IN W.P.(C)NO.5677/2022 OF THIS COURT
   APPELLANT/3RD PARTY:

          K.A.CHERIYAN, AGED 64, S/O. AUGUSTY, RESIDING IN THE ADDRESS
          KUZHIKANDATHIL HOUSE, OONNUKAL P.O., KOTHAMANGALAM, ERNAKULAM
          DISTRICT-689647.

    BY ADV.SRI.G.SREEKUMAR (CHELUR)

   RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 4:

      1. ADARSH M K., AGED 43, S/O. KRISHNAN, RESIDING IN THE ADDRESS
         MOLEKUDIYIL HOUSE, OONNUKAL P.O., KOTHAMANGALAM, ERNAKULAM
         DISTRICT-686647.
      2. THE KAVALANGAD GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY,
         NELLIMATTOM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT-686693.
      3. THE SECRETARY, KAVALANGAD GRAMA PANCHAYATH, NELLIMATTOM
         P.O.,ERNAKULAM DISTRICT, PINCODE-686693.
      4. THE SENIOR TOWN PLANNER, OFFICE OF THE DISTRICT TOWN PLANNER, LOCAL
         SELF GOVERNMENT DEPARTMENT, CIVIL STATION, 4TH FLOOR, KAKKANAD,
         ERNAKULAM DISTRICT-682030.
      5. THE ASSISTANT ENGINEER, P.W.D. ROADS DIVISION, KOTHAMANGALAM,
         ERNAKULAM DISTRICT-686691.

    BY ADV. SRI.VINOD MADHAVAN for R1

    By GOVERNMENT PLEADER for R4 & R5


        Prayer for interim relief in the Writ Appeal stating that in the
   circumstances stated in the appeal memorandum the High Court be pleased to
   stay the operation of directions issued in WP(C)No.5677 of 22 dated
   14.3.22 by the learned single judge and no grant of building permit should
   take place, pending consideration of the above writ appeal, in the
   interest of justice.

        This Writ Appeal coming on for admission on 29.04.2022 upon perusing
   the appeal memorandum, the court on the same day passed the following:
 WA No.526/2022                              2/2

                                     O R D E R

Admitted.

Sri.Vinod Madhavan takes notice for the 1st respondent. Issue urgent notice by speed post to respondents 2 and 3. Learned Govt. Pleader takes notice for respondents 4 & 5.

Post on 6.6.2022.

On a consideration of the pleadings and materials on record and hearing the respective counsel appearing for the parties we are satisfied that the operation of the impugned judgment has to be stayed. Hence, we stay the operation of the judgment in WP(C)No.5677/22 till 6.6.2022.

29/04/2022

Sd/- C.S.DIAS, JUDGE

Sd/- C. JAYACHANDRAN, JUDGE

29-04-2022 /True Copy/ Assistant Registrar