Manoj Mathew Joykutty vs State Of Kerala
2022 Latest Caselaw 1730 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                        WP(C) NO. 4715 OF 2022
PETITIONER:

          MANOJ MATHEW JOYKUTTY,
          AGED 49 YEARS
          S/O. LATE JOYKUTTY JOHN, SERENITY, DEVAMATHA ROAD,
          KOOTHATTUKULAM-686662.

          BY ADV JAMES ABRAHAM (VILAYAKATTU)



RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT
          LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE SENIOR TOWN PLANNER
          (CONVENER OF COMMITTEE CONSTITUTED UNDER RULE 6(9) OF
          THE KERALA MUNICIPALITY BUILDING (REGULARIZATION OF
          UNAUTHORIZED CONSTRUCTION), RULES, 2018), REGIONAL TOWN
          PLANNING OFFICE, CIVIL STATION, KAKKANAD,
          ERNAKULAM-682030.

    3     THE SECRETARY,
          KOOTHATTUKULAM MUNICIPALITY, KOOTHATTUKULAM,
          ERNAKULAM DISTRICT-686662.

    4     VALSAMMA T.K.,
          ERATTAYANICKAL HOUSE, PIRAVOM P.O.,
          ERNAKULAM-686664.

    5     SUNNY MATHEW,
          DESIGNERS & ENGINEERING CONSULTANTS, S & S ASSOCIATES,
          PENTA BAZAR, KOOTHATTUKULAM-686662.
 WP(C) NO. 4715 OF 2022

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            PRINCY XAVIER-SR.GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4715 OF 2022

                                              3


                                     JUDGMENT

This writ petition is filed seeking the following reliefs:

"(i) To declare that Exhibit P7 order is liable to be cancelled by the 1st respondent under the provisions of Kerala Municipality Building (Regularization of Unauthorized Construction) Rules, 2018.

(ii) Issue a writ of mandamus or appropriate order or direction directing the 1st respondent to cancel Exhibit P7 after hearing the petitioner as well as respondents 2 to 5 in a time bound manner, at any rate within a period of one month.

(iii) Issue a writ of mandamus or appropriate order direction directing the 1st respondent to take appropriate legal action against respondents 2 to 5 in view of Sub Rule 3 of Rule 11 of Kerala Municipality Building (Regularization of Unauthorized Construction) Rules, 2018."

2. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for the 3rd respondent Municipality.

3. It is submitted by the learned Standing Counsel for the

Municipality that against the orders of regularisation granted to the

construction effected by the 4th respondent, the petitioner has preferred WP(C) NO. 4715 OF 2022

Ext.P8 representation before the 1st respondent and seeks a

consideration thereof.

4. The learned counsel for the petitioner submits that the

application for regularisation could not have been forwarded by the

Secretary of the Municipality and therefore Ext.P7 order is passed

without jurisdiction.

Having considered the contentions advanced, I am of the opinion

that it is for the 1st respondent to take an appropriate decision on

Ext.P8. Without expressing any view on the merits of the matter or the

maintainability of the application, there will be a direction to the 1 st

respondent to take up Ext.P8 and to consider and pass orders on the

same with notice to the petitioner, respondents 3, 4 and 5 and any other

affected parties. Appropriate orders shall be passed within a period of

three months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 4715 OF 2022

APPENDIX OF WP(C) 4715/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPROVED SITE AND SERVICE PLAN SUBMITTED BY THE 4TH RESPONDENT.

Exhibit P2 A TRUE COPY OF THE BUILDING PERMIT DATED 12/10/2015 ISSUED BY THE GRAMA PANCHAYAT, KOOTHATTUKULAM.

Exhibit P3 A TRUE COPY OF THE COMPLETED BUILDING PLAN SUBMITTED BY THE 4TH RESPONDENT.

Exhibit P4 A TRUE COPY OF THE NOTICE DATED 30/11/2017 ISSUED BY THE KOOTHATTUKULAM MUNICIPALITY.

Exhibit P5 A TRUE COPY OF THE LETTER DATED 12/07/2021 ALONG WITH REPORT PREPARED BY THE 2ND RESPONDENT, WHICH RECEIVED BY THE PETITIONER.

Exhibit P6 A TRUE COPY OF THE DRAWING SUBMITTED BY THE 4TH RESPONDENT, WHICH WAS FORWARDED BY THE 3RD RESPONDENT AND ENDORSEMENT OF REGULARIZATION BY THE 2ND RESPONDENT.

Exhibit P7 A TRUE COPY OF THE ORDER NO. D/34/18 D.DIS DATED 15/02/2019, WHICH OBTAINED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT.

Exhibit P8 A TRUE COPY OF THE PETITION DATED 10/12/2021, WHICH SENT ON 13/12/2021 BY THE PETITIONER.

Exhibit P9 A TRUE COPY OF THE LETTER NO.

RBI/426/2021-LSGD DATED 07/01/2022.