Hydrose vs State Of Kerala
2022 Latest Caselaw 8559 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                     WP(C) NO. 15998 OF 2022
PETITIONER:

          HYDROSE
          AGED 77 YEARS
          S/O. MOIDEEN KUTTY,
          VADAKKEPUTHIYOTTIL HOUSE,
          KARAPARAMBA P.O.
          KACHERY AMSOM DESOM, KOZHIKODE,
          PIN - 673010

          BY ADVS.
          T.D.SUSMITH KUMAR
          C.SIVADAS
          T.O.DEEPA


RESPONDENTS:

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

    2     KOZHIKODE MUNICIPAL CORPORATION
          CALICUT BEACH,
          NEAR AKASHA VANI, KOZHIKODE.
          REPRESENTED BY ITS SECRETARY.
          PIN - 673032
 WP(C) NO. 15998 OF 2022

                                     2




     3       ASHA BAGHAVANDAS
             AGED 62 YEARS
             D/O. K. P. SREEDHARAN,
             2/1271 A, "SHREE", NEAR JEEVAN BIMA NAGAR,
             KARAPARAMBA P.O, KOZHIKODE.
             PIN - 673010

             BY ADVS.
             BINDUMOL JOSEPH
             SRIVIDYA K
             SMT.SURYA BINOY B SR.GP


      THIS     WRIT       PETITION       (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON    06.07.2022,          THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 15998 OF 2022

                                3




                             JUDGMENT

Dated this the 6th day of July, 2022

The petitioner is before this Court seeking to direct the

Kozhikode Municipal Corporation to dispose of the alleged

dispute pertaining to the construction made by the petitioner, by

passing a final order taking into consideration Exts.P6 and P9

and after affording an opportunity of hearing to the petitioner.

2. The petitioner states that the petitioner has acquired

2.2 Ares of land in Kacheri Village of Kozhikode District, as per

Exts.P1 and P2. The petitioner has been remitting Building Tax

in respect of the property. The petitioner constructed a

compound wall, well and leach pit in the year 2010 after

obtaining Building Permit and getting approval of the Building

Plan. The construction was in the year 2010.

3. The petitioner would submit that the construction was

made in accordance with the Kerala Municipal Building Rules, WP(C) NO. 15998 OF 2022

1999. To the surprise of the petitioner, the 2 nd respondent has

served Ext.P5 Showcause Notice on the petitioner now, on

19.05.2021, alleging that the petitioner has trespassed to

certain extent of property of the 3 rd respondent while making

construction.

4. The petitioner would state that he is a Senior Citizen

and he has not encroached upon the land of the 3 rd respondent.

By Ext.P8, the petitioner has been directed by the Secretary to

the Municipal Corporation to demolish the compound wall, gate

and leach pit constructed by the petitioner. The petitioner has

submitted Ext.P9 reply to Ext.P8 order.

5. Standing Counsel entered appearance on behalf of

the 2nd respondent and resisted the writ petition. The Standing

Counsel controverted all the material allegations made by the

petitioner in the writ petition.

6. I have heard the learned counsel for the petitioner,

the learned Government Pleader representing the WP(C) NO. 15998 OF 2022

1st respondent and the learned Standing Counsel representing

2nd respondent. Notice to the 3 rd respondent is dispensed with

in view of the nature of the relief being granted in this writ

petition.

7. The 2nd respondent has issued Ext.P8 provisional

order directing the petitioner to demolish the compound wall,

gate and the leach pit constructed by the petitioner. According

to the petitioner, those were constructed after obtaining proper

Building Permit and the petitioner has not encroached upon the

land of any third party. The petitioner has submitted Exts.P6

and P9 replies to the 2nd respondent.

8. In view of the above, this Court is of the view that the

Secretary to the 2nd respondent-Corporation can take a final

decision in the matter, after affording an opportunity of hearing

to the petitioner and the 3rd respondent.

The writ petition is therefore disposed of directing the

2nd respondent-Corporation to consider Exts.P6 and P9 and WP(C) NO. 15998 OF 2022

pass orders thereon, within a period of one month, after

affording an opportunity of hearing to the petitioner as well as

the 3rd respondent.

Sd/-

N.NAGARESH JUDGE spk WP(C) NO. 15998 OF 2022

APPENDIX OF WP(C) 15998/2022

PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF THE DEED NO. 2220/2001, DATED 12-07-2021 OF WEST HILL SUB REGISTRAR OFFICE .

Exhibit P-2 A TRUE COPY OF THE DEED NO. 2796/2001, DATED 22-08-2001 OF WEST HILL SUB REGISTRAR OFFICE.

Exhibit P-3 A TRUE COPY OF THE LAND TAX RECEIPT DATED 02-02-2021 ISSUED BY THE VILLAGE OFFICER, KACHERI.

Exhibit P-4 A TRUE COPY OF THE BUILDING TAX RECEIPT DATED 29-09-2020.

Exhibit P-5 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 19-05-2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P-6 A TRUE COPY OF THE REPLY TO SHOW CAUSE DATED 21-06-2021 SUBMITTED BY THE PETITIONER.

Exhibit P-7 A TRUE COPY OF THE TP1/25940/2021 DATED 25-06-2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P-8 A TRUE COPY OF THE PROVISIONAL ORDER DATED 26-06-2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P-9 A TRUE COPY OF THE UNDATED REPLY TO SHOW CAUSE NOTICE.

RESPONDENT'S/S EXHIBITS : NIL