Scaria V. J vs Ettumanoor Municipality
2022 Latest Caselaw 7001 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                     WP(C) NO. 15815 OF 2022
PETITIONER:

            SCARIA V. J.,
            AGED 69 YEARS,
            S/O JOSEPH V. J., VADAKKEL HOUSE, CHERUVANDOOR,
            ETTUMANOOR P.O., PEROOR VILLAGE, KOTTAYAM
            DISTRICT, PIN - 686 631.

            BY ADVS.
            S.RANJIT (K/250/1999)
            GOKUL DAS V.V.H.
RESPONDENTS:

    1       ETTUMANOOR MUNICIPALITY,
            REPRESENTED BY ITS SECRETARY, ETTUMANOOR P.O.,
            KOTTAYAM DISTRICT, PIN - 686 631.

    2       SECRETARY,
            ETTUMANOOR MUNICIPALITY, ETTUMANOOR P.O.,
            KOTTAYAM DISTRICT, PIN - 686 631.

    3       RASSIYA BEEVI K. J.,
            AGED 49 YEARS,
            W/O. ABDUL LATHEEF, PERATTUTHARA HOUSE, PEROOR
            VILLAGE, ETTUMANOOR P.O., KOTTAYAM DISTRICT, PIN
            - 686 631.

            BY ADVS.
            SHRI.SIBY CHENAPPADY, SC, ETTUMANOOR MUNICIPALITY
            SRI.N.V.VINAY

            SRI.SAILAJ RAMACHANDRAN, SC FOR R1 & R2


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   17.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) NO.15815 OF 2022                2



                       P.V.KUNHIKRISHNAN, J.
                      ==================
                        W.P.(C) No.15815 of 2022
                      ==================
                   Dated this the 17th day of June, 2022

                                 JUDGMENT

This writ petition is filed seeking the following prayers:

"i) to call for records leading to Exhibits P4 and P6 orders and quash the same being highly illegal and arbitrary by issuing a writ of certiorari.

ii) to issue a declaration that the construction of iron stair in the open space put by the petitioner does not require obtainment of permit/sanction as the same does not fall within the purview of alternation or plinth area as per the provisions of the Kerala Municipality Building Rules, 2019.

iii) to issue a declaration that the construction of a temporary lean to over the set back on side yard for parking vehicles on side of the petitioner's building does not require obtainment of permit/sanction as the same does not fall within the purview of alternation or plinth area as per the provisions of the Kerala Municipality Building Rules, 2019."

2. The main grievance of the petitioner is that Ext.P6 order is

passed without a show-cause notice. The case of the petitioner is

that Ext.P4 is not a show-cause notice.

3. I have heard the learned counsel for the petitioner.

Adv.Sri.Sailaj Ramachandran, the learned Standing Counsel,

appears for the 2nd respondent. I have also heard the learned

counsel for the 3rd respondent.

4. The short point raised by the petitioner is that there is no

show-cause notice before passing Ext.P6 order.

5. The counsel appearing for the Panchayat and the counsel

appearing for the 3rd respondent submit that Ext.P6 is an appealable

order.

6. Since the petitioner has got a case that Ext.P6 is an order

passed without a show-cause notice, I think, the writ petition can be

disposed of directing the Panchayat to treat Ext.P4 as a show-cause

notice and there can be a direction to the Panchayat to hear the

petitioner and the 3rd respondent and pass final order within a time

frame so that the grievance of the petitioner can be redressed. For

facilitating the 2nd respondent to pass final order, Ext.P6 can be set

aside.

In the result, this writ petition is disposed of with the following

directions:

i) Ext.P6 is set aside.

ii) The 2nd respondent is directed to treat Ext.P4 as the show-cause notice and the

petitioner is free to submit his explanation/submission within two weeks from the date of receipt of a copy of this judgment. The 3rd respondent is also free to submit his objection during the above period.

iii) Once the explanation/objection are received, the 2nd respondent will pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner and the 3rd respondent, as expeditiously as possible, at any rate within one month from the date on which the explanation/objection received from the petitioner and the 3rd respondent.

iv) I make it clear that I have not considered the matter on merit and the 2 nd respondent is free to pass appropriate orders in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DSV/17.06.2022

APPENDIX OF WP(C) 15815/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT FOR THE YEAR 2021-22 ISSUED BY THE VILLAGE OFFICER, PEROOR.

Exhibit P2 TRUE COPY OF THE TRADE LICENSE DATED 26.03.2022 BEARING NO. H2/5674/2022-23 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 COPY OF THE STOP MEMO DATED 10.01.2022 BEARING NO. TP/1/2022 ISSUED BY THE 1ST RESPONDENT MUNICIPALITY.

Exhibit P4 TRUE COPY OF THE PROVISIONAL ORDER DATED 27.01.2022 BEARING NO. E2/300/2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE NOTICE DATED 03.03.2022 BEARING NO. E2-300/22 ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE FINAL ORDER DATED 25.04.2022 BEARING NO. E2/300/22 ISSUED BY THE 2ND RESPONDENT.

Exhibit P7 THE PHOTOGRAPHS (3 NOS.) SHOWING THE IRON STAIR PUT UP BY THE PETITIONER.

  RESPONDENTS' EXHIBITS :     NIL