Kerala High Court
V.K.Abdul Rahiman vs Aluva Municipality on 29 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 12003 OF 2012
PETITIONER:
V.K.ABDUL RAHIMAN
AGED 58 YEARS
PERINGATTU AGENCIES, N.H.BYE PASS, NEAR OLD
R.T.O.,ALUVA 683 101.
BY ADVS.
SRI.P.RAVINDRAN (SR.)
SMT.APARNA RAJAN
SRI.M.R.SABU
RESPONDENTS:
1 ALUVA MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE,PUMP JUNCTION,
ALUVA - 683101.
2 P.A.ABDUL MUBARAQUE
XVII/428, PALAKKAPARAMBIL,
N.H.BYE PASS,ALUVA - 683 101.
3 THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTIONS
THIRUVANANTHAPURAM - 695 001.
BY ADVS.
SRI.V.M.KURIAN
SRI.DINESH R.SHENOY
SRI.G.HARIKRISHNAN TRIPUNITHURA
SRI.R.V.RAHUL
OTHER PRESENT:
SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.12003/2012
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.12003 of 2012
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Dated this the 29th day of June, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Call for the records leading to Ext.P11 and P14
and quash the same by the issue of a writ in the
nature of certiorari or any other such appropriate
writ, order or direction.
ii. Issue any other such writ, order or direction as
this Hon'ble Court may deem fit and necessary in
order to meet the ends of justice on the facts and
in the circumstances of the instant case.
iii. Award the costs of this case to the petitioner.
(SIC)
2. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that
subsequent to the filing of this writ petition, the 1 st respondent
passed an order transferring the ownership of the building in
question fully to the petitioner. Tax is also paid. The learned
counsel handed over a copy of the order of transfer of
ownership and the tax receipt. In the light of the above
subsequent events, the learned counsel submitted that,
W.P.(C).No.12003/2012
nothing survives in this writ petition. If there is any further
issue, the Municipality shall issue notice to all affected parties
in accordance to law and thereafter proceed in accordance to
law. In the light of the subsequent events, Exts.P11 and P14
can be quashed.
Therefore, this writ petition is disposed of in the
following manner:
1. Exts.P11 and P14 are quashed.
2. The 1st respondent Municipality shall not take
any action against the petitioner unless there
is any further issue. In such situation, the
Municipality shall issue notice to all the
affected parties in accordance to law before
proceeding further.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.12003/2012
APPENDIX OF WP(C) 12003/2012
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RECEIPT EVIDENCING
COLLECTION OF BUILDING TAX DATED
7.3.2000.
Exhibit P1(A) TRUE COPY OF THE RECEIPT EVIDENCING
COLLECTION OF BUILDING TAX DATED
1.3.2000.
Exhibit P1(B) TRUE COPY OF THE RECEIPT EVIDENCING
COLLECTION OF BUILDING TAX DATED
8.2.2001.
Exhibit P1(C) TRUE COPY OF THE RECEIPT EVIDENCING
COLLECTION OF BUILDING TAX DATED
7.2.02.
Exhibit P1(D) TRUE COPY OF THE RECEIPT EVIDENCING
COLLECTION OF BUILDING TAX DATD
15.2.2003.
Exhibit P1(E) TRUE COPY OF THE RECEIPT EVIDENCING
COLLECTION OF BUILDING TAX DATED
16.2.04
Exhibit P1(F) TRUE COPY OF THE RECEIPT EVIDENCING
COLLECTION OF BUILDING TAX DATED
28.8.05.
Exhibit P1(G) TRUE COPY OF THE RECEIPT EVIDENCING
COLLECTION OF BUILDING TAX DATED 16-8-
2011.
Exhibit P2 TRUE COPY OF THE RECEIPT EVIDENCING
COLLECTION OF LICENSE FEE DATED
15.2.08.
Exhibit P2(A) TRUE COPY OF THE RECEIPT EVIDENCING
COLLECTION OF LICENSE FEE DATED
15.2.08.
Exhibit P2(B) TRUE COPY OF THE RECEIPT EVIDENCING
COLLECTION OF LICENSE FEE DATED
18.2.10.
Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED
18.04.2011.
Exhibit P4 TRUE COPY OF THE INJUNCTION ORDER
DATED 20.4.2011.
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED
W.P.(C).No.12003/2012
09.11.11 IN W.A.NO.1567/11.
Exhibit P6 TRUE COPY OF THE ORDER DATED
19.3.2011.
Exhibit P7 TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT DATED 11.07.2011.
Exhibit P8 TRUE COPY OF THE LETTER ISSUED BY THE
POLLUTION CONTROL BOARD, ERNAKULAM
DATED 01.10.2011.
Exhibit P9 TRUE COPY OF THE NOTICE DATED
26.07.11.
Exhibit P10 TRUE COPY OF THE REPLY SUBMITTED BY
THE PETITIONER DATED AUGUST 2011.
Exhibit P11 TRUE COPY OF THE ORDER OF THE 1ST
RESPONDENT DATED 27.10.2011.
Exhibit P12 TRUE COPY OF THE MEMORANDUM OF APPEAL
NO: 818/2011 DATED 11.11.11.
Exhibit P13 TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE 1ST RESPONDENT DATED
16.12.2011.
Exhibit P14 TRUE COPY OF THE ORDER OF THE TRIBUNAL
IN APPEAL NO: 818/11 DATED 11.04.2012.
Exhibit P15 TRUE COPY OF THE LETTER SUBMITTED BY
THE PETITIONER TO THE POLLUTION
CONTROL BOARD.
RESPONDENT EXHIBITS
Exhibit R2(A) TRUE PHOTOCOPY OF THE COMPLAINT DATED
24/2/2011, TOGETHER WITH RECEIPT
ISSUED FROM THE 1ST RESPONDENT.
Exhibit R2(B) TRUE PHOTOCOPY OF THE COMPLAINT DATED
18/3/2011, TOGETHER WITH RECEIPT.
Exhibit R2(C) TRUE PHOTOCOPY OF THE PETITION DATED
29/3/2011 SUBMITTED BEFORE THE KERALA
STATE POLLUTION CONTROL BOARD TOGETHER
WITH RECEIPT.
Exhibit R2(D) TRUE PHOTOCOPY OF THE REPORT DATED
14/3/2011 SUBMITTED BY THE HEALTH
INSPECTOR, ALUVA MUNICIPALITY.
Exhibit R2(E) TRUE PHOTOCOPY OF THE NOTICE DATED
26/4/2011 ISSUED BY THE SECRETARY,
ALUVA MUNICIPALITY.
Exhibit R2(F) TRUE PHOTOCOPY OF THE PETITION DATED
W.P.(C).No.12003/2012
25/5/2011 SUBMITTED BEFORE THE
MUNICIPALITY TOGETHER WITH RECEIPT.
Exhibit R2(G) TRUE PHOTOCOPY OF LETTER DATED
31.05.2011 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD.
Exhibit R2(H) TRUE PHOTOCOPY OF LETTER DATED
17.09.2011 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD.
Exhibit R2(I) TRUE PHOTOCOPY OF LETTER DATED
12.10.2011 ISSUED TO THE CIRCLE
INSPECTOR OF POLICE, ALUVA.
Exhibit R2(J) TRUE PHOTOCOPY OF LETTER DATED
12.10.2011 ISSUED TO THE 1ST
RESPONDENT.
Exhibit R2(K) TRUE PHOTOCOPY OF DIRECTION DATED
15.10.2011 ISSUED BY THE POLLUTION
CONTROL TO KSEB.
Exhibit R2(L) PHOTOGRAPH OF THE PETITIONER'S NEW
BUILDING.
Exhibit R2(M) PHOTOGRAPH OF THE PETITIONER'S NEW
BUILDING.
Exhibit R2(N) PHOTOGRAPH OF THE PETITIONER'S NEW
BUILDING.
Exhibit R2(O) PHOTOGRAPH OF THE PETITIONER'S NEW
BUILDING.
Exhibit R2(P) TRUE PHOTOCOPY OF NOTICE DATED
06.05.2011 ISSUED BY THE 1ST
RESPONDENT.
Exhibit R2(Q) TRUE PHOTOCOPY OF NOTICE DATED
23.08.2011 ISSUED BY THE 1ST
RESPONDENT.
Exhibit R2(R) TRUE PHOTOCOPY OF NOTICE DATED
30.09.2011 ISSUED BY THE 1ST
RESPONDENT.
Exhibit R2(S) TRUE PHOTOCOPY OF THE LETTER DATED
24.09.2011 ISSUED BY THE 1ST
RESPONDENT TO THE CIRCLE INSPECTOR OF
POLICE, ALUVA.
RESPONDENT EXHIBITS
Exhibit R2(T) TRUE PHOTOCOPY OF THE LETTER DATED
08.11.2011.
W.P.(C).No.12003/2012
RESPONDENT EXHIBITS
Exhibit R2(U) TRUE PHOTOCOPY OF REPORT DATED
29.09.2011 AND ROUGH SKETCH SUBMITTED
BY ADVOCATE COMMISSIONER K.P.SURAJ IN
O.S.NO.324/2011.
Exhibit R2(V) TRUE PHOTOCOPY OF REPORT DATED
23.11.2011 AND ROUGH SKETCH SUBMITTED
BY ADVOCATE COMMISSIONER K.P.SURAJ IN
O.S.NO.324/2011.
Exhibit R2(W) TRUE PHOTOCOPY OF COMMISSION REPORT
DATED 23.11.2011 SUBMITTED BY ADVOCATE
COMMISSIONER CISSY J.VADAKKEAL IN
O.S.397/2011, MUNSIFF COURT, ALUVA.
Exhibit R2(X) TRUE PHOTOCOPY OF PETITION DATED
30.7.2010.
Exhibit R2(Y) TRUE PHOTOCOPY OF ORDER PASSED BY THE
1ST RESPONDENT DATED 23.9.2010.
Exhibit R2(Z) TRUE PHOTOCOPY OF PETITION DATED
22.2.2011 SUBMITTED BEFORE THE 1ST
RESPONDENT.
Exhibit R2(AA) TRUE PHOTOCOPY OF REPRESENTATION DATED
5.4.2011.
Exhibit R2(AB) TRUE PHOTOCOPY OF NOTICE DATED
23.9.2011 ISSUED BY THE KERALA STATE
POLLUTION CONTROL BOARD.
