Girija vs Kozhikode Municipal Corporation
2022 Latest Caselaw 8061 Ker

            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. 1868 OF 2022


PETITIONER:

            GIRIJA
            AGED 60 YEARS
            W/O. MOHANAKRISHNAN, KRISHNA NIVAS,
            YOGHIMADOM, ERAVATHUKUNNU, P.O,
            KUTHIRAVATTOM, KOZHIKODE - 673016.
            BY ADVS.
            R.SUDHISH
            M.MANJU

RESPONDENTS:

    1       KOZHIKODE MUNICIPAL CORPORATION
            KOZHIKODE - 673032.,
            REPRESENTED BY ITS SECRETARY.
    2       THE SECRETARY
            KOZHIKODE MUNICIPAL CORPORATION,
            KOZHIKODE - 673032.
            BY ADVS.
            BINDUMOL JOSEPH
            SRIVIDYA K


     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.1868/2022

                                  2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                    W.P.(C).No.1868 of 2022
             ----------------------------------------------
            Dated this the 29th day of June, 2022


                           JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of certiorari or other appropriate writs or orders or direction directing the 2 nd respondent to quash the Exhibit P6 order issued by him.

ii. Issue a Writ of certiorari or other appropriate Writs or Orders or direction directing the 2 nd respondent to quash the Exhibit P3 stop memo issued by the Town Planner, Kozhikode Corporation.

iii. Issue a Writ of certiorari or other appropriate Writs or Orders or direction directing the 2 nd respondent to quash the Exhibit P1 notice issued by the 2nd respondent.

iv. Issue an order or declaration declaring that the petitioner is having a deemed licence to execute the work as per the application dated 04.06.2018.

v. To grant such other relief which the court deems fit.

(SIC) W.P.(C).No.1868/2022

2. This writ petition is filed challenging Ext.P6 order

passed under Section 406(3) of the Municipality Act. Ext.P3 is

also challenged which is a stop memo issued by the Town

Planner alleging that there is illegal construction of a

compound wall. It is the definite case of the petitioner that an

application was filed on 04.06.2018 for getting permission to

reconstruct the compound wall as evident by Ext.P1.

Thereafter there was no response to the same within the

statutory period and therefore the wall was reconstructed.

According to the petitioner, there is deemed licence. This

point is not considered by the Corporation is the grievance.

3. Heard the learned counsel for the petitioner and

the learned Standing Counsel for the Corporation.

4. After hearing both sides, I think this is a matter to

be decided by the 2 nd respondent. The petitioner can file a

representation before the 2nd respondent narrating these facts

and there can be a direction to the 2nd respondent to consider

and pass appropriate orders. Till final order is passed, all

further proceedings consequent to Exts.P3 and P6 can be kept

in abeyance.

Therefore, this writ petition is disposed of in the W.P.(C).No.1868/2022

following manner:

1. The petitioner is free to file a representation

narrating her grievance raised in this writ

petition before the 2nd respondent, within three

weeks from the date of receipt of a copy of this

judgment.

2. Once such a representation is received, the 2 nd

respondent will consider the same and pass

appropriate orders in it, after giving an

opportunity of hearing to the petitioner, as

expeditiously as possible, at any rate, within

two months from the date of receipt of the

representation.

3. Till final orders are passed, all further

proceedings consequent to Exts.P3 and P6 are

deferred.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.1868/2022

APPENDIX OF WP(C) 1868/2022

PETITIONER EXHIBITS Exhibit P1 COPY OF THE NOTICE ISSUED BY THE SECRETARY, KOZHIKODE MUNICIPAL CORPORATION.

Exhibit P2 COPY OF THE RELEVANT PAGES OF PERMISSION GRANTED BY THE KOZHIKODE MUNICIPAL CORPORATION DATED 13.04.2019.

Exhibit P3 COPY OF THE STOP MEMO ISSUED BY THE TOWN PLANNER, KOZHIKODE CORPORATION DATED 03.08.2021.

Exhibit P4 COPY OF THE NOTICE DATED 04.12.2021 ISSUED BY THE SECRETARY, KOZHIKODE CORPORATION.

Exhibit P5 COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 10.12.2021.

Exhibit P6 COPY OF THE ORDER ISSUED BY THE SECRETARY, KOZHIKODE CORPORATION DATED 23.12.2021.

Exhibit P7 PHOTOGRAPHS SHOWING THE RECONSTRUCTION OF THE COMPOUND IN THE SAME PLACE WHERE THE OLD WALL WAS STANDING.

RESPONDENT EXHIBITS Exhibit R2(a) A TRUE COPY OF THE REPORT OF THE TOWN SURVEYOR DATED 31/01/2021.

Exhibit R2(b) A TRUE COPY OF THE PROVISIONAL ORDER UNDER SECTION 406(1) OF KERALA MUNICIPALITY ACT DATED 03/02/2021.