Najeeb Palliyath vs The Thalassery Municipality
2022 Latest Caselaw 6320 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                     WP(C) NO. 7110 OF 2022
PETITIONER/S:
         NAJEEB PALLIYATH,AGED 59 YEARS
         S/O. IBRAHIMKUTTY, RESIDING AT DARUSSAKKANA,
         USSENMOTTA P.O., KURICHIYIL NEW MAHE,
         THALASSERY, KANNUR-670102.
         BY ADV ASHWIN SATHYANATH
RESPONDENT/S:
    1    THE THALASSERY MUNICIPALITY,
         REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
         MG ROAD, PALISSERY, THALASSERY, KANNUR-670101.
    2    THE SECRETARY,
         THALASSERY MUNICIPALITY, MUNCIPAL OFFICE, MG
         ROAD, PALISSERY, THALASSERY, KANNUR-670101.
    3    THE EXECUTIVE ENGINEER,
         THALASSERY MUNICIPALITY, MUNICIPAL OFFICE, MG
         ROAD, PALISSERY, THALASSERY, KANNUR-670101.
    4    THE HEALTH SUPERVISOR,
         THALASSERY MUNICIPALITY, MUNICIPAL OFFICE, MG
         ROAD, PALISSERY, THALASSERY, KANNUR-670101.
    5    NASHEER MUBARAK NAUSHAD,
         AGED 42 YEARS
         S/O. MUBARAK NOUSHAD, BABNISH P.O., PALLIKUNNU,
         KANNUR-670004.
         BY ADVS.
         E.K.AVINASH
         SHERRY J. THOMAS
         JOEMON ANTONY
         I.V.PRAMOD, SC
     HIS    WRIT    PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON    03.06.2022,    THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                     -2-
W.P.(C). No. 7110 of 2022



                            P.V.KUNHIKRISHNAN, J.
                            ======================================================

                              W.P.(C) No. 7110 of 2022
                        =============================================================

                     Dated this the 3rd day of June, 2022

                                         JUDGMENT

The above writ petition is filed with following prayers:

"a) call for the records leading up to Exhibit P6 and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction.

b) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time." (sic)

2. The main grievance of the petitioner is that even

though in Ext.P6 it is stated that it is a provisional order, he

apprehends that the respondent Municipality will treat it as a

final order and will take steps. The counsel appearing for the

Municipality submitted that Ext.P6 is only a provisional order

and the final order will be passed only after giving an

opportunity of hearing to the petitioner. The counsel for the

W.P.(C). No. 7110 of 2022

petitioner submitted that the petitioner should be given a copy

of the building plan, permit and other documents which the

Municipality is relying. I think such a direction also can be

allowed.

Therefore, this writ petition is disposed of with the

following directions:

1. Ext. P6 should be treated as a provisional order and the 2nd respondent will pass final orders only after giving an opportunity of hearing to the petitioner and the 5th respondent.

2. Before passing final orders, the 2 nd respondent will give the petitioner necessary documents including building permit, plan and other documents.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 7110 of 2022

APPENDIX OF WP(C) 7110/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 28/10/2020 FILED BY THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE MEMORANDUM OF WPC NO.28207/2020 DATED 14/12/2020. Exhibit P3 TRUE COPY OF THE COUNTER FILED BY THE PETITIONER HEREIN IN WPC NO.28207/2020.

Exhibit P4 TRUE COPY OF THE JUDGMENT IN WPC NO.28207/2020 DATED 22/07/2021. Exhibit P5 TRUE COPY OF THE NOTICE DATED 22/01/2022 ISSUED BY THE MUNICIPALITY TO THE PETITIONER.

Exhibit P6 TRUE COPY OF THE ORDER DATED 09/02/2022 ISSUED BY THE 2ND RESPONDENT.