Shon Johnson vs Angamali Municipality
2022 Latest Caselaw 10001 Ker

WP(C) NO. 30444 OF 2013            1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                          WP(C) NO. 30444 OF 2013
PETITIONER/S:

               SHON JOHNSON
               AGED 27 YEARS
               S/O. JOHNSON, ARAKKAL HOSUE, ANGAMALI.P.O., ERNAKULAM
               DISTRICT. PIN-683572.

               BY ADVS.
               SRI.G.HARIHARAN
               SRI.PRAVEEN.H.



RESPONDENT/S:

      1        ANGAMALI MUNICIPALITY
               ANGAMALI, PIN-683572, REPRESENTED BY ITS SECRETARY.

      2        THACHIL ANTHONY
               S/O. JOSE, THACHIL HOUSE, APN ROAD, KAIPPAPADAM,
               ANGAMALI, PIN-683572. (*DELETED)
               *R2 DELETED FROM PARTY ARRAY AS PER ORDER DATED
               12.2.2014 IN IA 2381/14

  ADDL.R3      JOSE T.A. AGED 52 YEARS S/O ANTONY, THACHIL HOUSE,
               ANGAMALY CENTRAL NAGAR, 109, ANGAMALY POST, ERNAKULAM
               683572 (ADDL R3 IMPLEADED AS PER ORDER DATED 7.12.13
               IN IA NO. 17312/13)

  ADDL.R4      ADDL.TAHSILDAR (TALUK SURVEYOR), ALUVA
               (IS IMPLEADED AS PER ORDER DATED 23.9.2014 IN IA
               2380/14)
 WP(C) NO. 30444 OF 2013           2


               BY ADVS.
               SRI.V.M.KURIAN, SC, ANGAMALY MUNICIPALITY
               SRI. P.P.THAJUDEEN, SC, ANGAMALY MUNICIPALITY,
               SRI.VIJAI MATHEW, ADDL.R3, SMT. DEEPA NARAYANAN,
               SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30444 OF 2013                3




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                      W.P.(C) No. 30444 of 2013
                     --------------------------------------
                Dated this the 31st day of August, 2022


                                  JUDGMENT

The above writ petition is filed with following prayers :

(i) "Issue a writ of mandamus or any other appropriate writ or order commanding the 1st respondent to consider and take appropriate decision on Ext.P3 complaint after hearing the petitioner, the 2nd respondent and other interested persons.

(ii) To pass such orders or reliefs as this Hon'ble Court deems fit in the interest of justice." [SIC]

2. The petitioner is aggrieved by the alleged illegal

construction made by the 3rd respondent.

3. When this writ petition came up for consideration, the

learned counsel appearing for the 3 rd respondent submitted that

the 3rd respondent obtained the building permit from the

Panchayat and the building is already constructed and it is

numbered. The 3rd respondent is now residing in that building. If

that is the case, nothing survives in this case.

Therefore, this writ petition is closed.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 30444/2013

PETITIONER EXHIBITS

P1. TRUE COPY OF THE SKETCH OF THE LAND HELD AND POSSESSED BY THE 2ND RESPONDENT.

P2. TRUE PHOTOGRAPH OF THE CONSTRUCTION MADE BY THE 2ND RESPONDENT.

P3. TRUE COPY OF THE COMPLAINT DATED 1-11- 13 MADE BY THE PETITIONER ADDRESSED TO THE 1ST RESPONDENT.

RESPONDENT EXHIBITS

EXT.R3(A) TRUE COPY OF THE SALE DEED NO. 708/2001 DATED 20.2.2001

EXT.R3(B) TRUE COPY OF THE LAND TAX RECEIPT, DATED 2.9.2013

EXT.R3(C) TRUE COPY OF THE BUILDING PERMIT NO.

13A/149/13-14 DATED 5.10.2013

EXT.R3(D) TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY PREPARED BY THE VILLAGE OFFICER, ANGAMALY DATED 6.9.2013