Suneer I vs State Of Kerala
2022 Latest Caselaw 6397 Ker

Citation : 2022 Latest Caselaw 6397 Ker
Judgement Date : 3 June, 2022

Kerala High Court

Suneer I vs State Of Kerala on 3 June, 2022

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                WP(C) NO. 18111 OF 2022
PETITIONER:

         SUNEER I.,
         AGED 49 YEARS
         S/O Y. IBRAHIMKUTTY, PUTHENKANDATHIL HOUSE,
         KUNNAMPALLY BHAGOM, AIKYA JUNCTION,
         KAYAMKULAM, ALAPPUZHA- 690 502.

         BY ADVS.
         GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
         NIMESH THOMAS
         MANU SRINATH
         SHERIN EDISON


RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT
         OF KERALA, LOCAL SELF GOVERNMENT DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM KERALA 695 001.
    2    KAYAMKULAM MUNICIPALITY,
         REPRESENTED BY ITS SECRETARY,
         KAYAMKULAM, ALAPPUZHA - 690 502.
    3    SECRETARY,
         KAYAMKULAM MUNICIPALITY, KAYAMKULAM,
         ALAPPUZHA - 690 502.
    4    ASHARAFUDEEN,
         AGED 54 YEARS, S/O KOCHUNNI, PARAMBIL THARAYIL,
         KEERIKKAD VILLAGE, KAYAMKULAM P.O.,
         ALAPPUZHA DISTRICT - 690 502.


         BY SRI.SYAMANTHAK B S, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 03.06.2022, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.18111/2022
                                       :2:




                           N. NAGARESH, J.

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                      W.P.(C) No.18111 of 2022

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                 Dated this the 3rd day of June, 2022

                            JUDGMENT

~~~~~~~~~

The petitioner, who is a resident of Kayamkulam

Municipality, has filed this writ petition seeking to declare that

the Municipal authorities lack the authority and jurisdiction to

regularise the unauthorised construction made by the 4th

respondent and hence cannot number the illegally

constructed building.

2. When the writ petition came up for admission

today, the learned counsel for the petitioner submitted that

the 4th respondent, who has allegedly resorted to illegal

construction, had filed W.P.(C) No.12478/2022 seeking to

direct the Secretary to the Municipality to consider Ext.P7

representation and pass orders thereon. Ext.P7 W.P.(C) No.18111/2022

representation in W.P.(C) No.12478/2022 filed by the

petitioner therein (4th respondent herein) is one seeking to

regularise the construction and number the building.

3. The learned counsel for the petitioner apprehends

that in view of Ext.P8 judgment, to which the petitioner was

not a party, respondents 2 and 3 are likely to take a decision

in favour of the 4th respondent herein.

4. The learned Standing Counsel, after obtaining

telephonic instructions, submitted that final orders are not

passed pursuant to Ext.P8 judgment.

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

the learned Government Pleader representing the 1st

respondent and the learned Standing Counsel representing

respondents 2 and 3. In view of the limited relief being

granted to the petitioner herein, notice to the 4th respondent

is dispensed with.

6. It is evident from Ext.P4 complaint, receipt of

which is acknowledged as per Ext.P5, that the petitioner had

raised complaint against the building construction by the 4th W.P.(C) No.18111/2022

respondent in violation of the Building Rules. As the

petitioner's grievance is said to be subsisting, it will be only

just and proper that the 3rd respondent consider the

grievance of the petitioner also before taking a decision on

the representation filed by the 4th respondent.

In the circumstances, the writ petition is disposed

of directing the 3rd respondent to hear the petitioner and the

4th respondent also before taking a final decision on the

representation (Ext.P7 in W.P.(C) No.12478/2022) submitted

by the 4th respondent for regularisation and numbering of his

building.

Sd/-

N. NAGARESH, JUDGE aks/03.06.2022 W.P.(C) No.18111/2022

APPENDIX OF WP(C) 18111/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT DATED 06.09.2021.

Exhibit P1 A A TRUE COPY OF THE LAND TAX RECEIPT DATED 20.10.2021.

Exhibit P1 B A TRUE COPY OF THE LAND TAX RECEIPT DATED 20.10.2021 .

Exhibit P1 C            A TRUE COPY OF THE LAND TAX RECEIPT
                        DATED 22.10.2021
Exhibit P2              A TRUE COPY OF THE LICENCE DATED
                        27.04.2021    ISSUED     BY   THE    2ND
                        RESPONDENT   FOR     THE    PETITIONER'S
                        BUSINESS
Exhibit P3              A TRUE COPY OF THE PHOTOGRAPHS SHOWING

THE CONSTRUCTED RESIDENTIAL BUILDING OF THE 4TH RESPONDENT.

Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED 17.06.2020 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5 A TRUE COPY OF THE ACKNOWLEDGEMENT DATED 11.09.2020 ISSUED BY THE 2ND RESPONDENT FOR THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P6 A TRUE COPY OF THE COMPLAINT DATED 08.03.2021 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH THE ACKNOWLEDGEMENT ISSUED BY THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE WRIT PETITION W.P.

W.P.(C) No.18111/2022

Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 06.04.2022 IN W.P.(C) 12478/2022 BEFORE THE HONOURABLE HIGH COURT. Exhibit P9 A TRUE COPY OF THE ACKNOWLEDGEMENT DATED 02.06.2022 ISSUED BY KAYAMKULAM POLICE STATION ON THE COMPLAINT RECEIVED FROM THE PETITIONER.