Abdul Latheef V.K vs Tirur Municipality
2022 Latest Caselaw 2362 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA, 1943
                          WP(C) NO. 6793 OF 2022
PETITIONER:

              ABDUL LATHEEF V.K.,
              AGED 60 YEARS
              S/O. KHADER,
              VALAVATHKALLUVALAPPIL HOUSE, B.P.ANGADI (P.O.),
              PIN-676101, TIRUR TALUK, MALAPPURAM DISTRICT,
              THE PRESENT CHAIRMAN OF T.I.C. SECONDARY SCHOOL,
              PAYYANGADI, MALAPPURAM DISTRICT.
              BY ADVS.
              JAMSHEED HAFIZ
              K.K.NESNA
RESPONDENTS:

     1        TIRUR MUNICIPALITY,
              REPRESENTED BY ITS SECRETARY,
              TIRUR (PO), 676 101, MALAPPURAM DISTRICT 676 108.
     2        THE SECRETARY,
              TIRUR MUNICIPALITY, TIRUR (P.O.), PIN-676 101,
              MALAPPURAM DISTRICT 676 108.
              SRI.SAYED MANSOOR, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6793 OF 2022

                                          2




                                   JUDGMENT

Dated this the 2nd day of March, 2022

This writ petition is filed seeking the following prayer:

"(i) Issue a writ of certiorari or any other writ or direction to call for records leading to Exhibit P14 Notice and set aside the same."

2. Heard the learned counsel for the petitioner and the learned standing

counsel appearing for the Municipality.

3. It is submitted by the learned counsel for the petitioner that the

petitioner's trust is the owner in possession of a school and adjoining

property within the jurisdiction of the respondent-Municipality. It is

submitted that there are boundary walls on both sides of the water channel

existing for more than 30 years. It is submitted that the petitioner was

forced to reconstruct the dilapidated boundary wall on one side of the

water channel. It is submitted that a notice had been issued by the

respondents on 31.03.2017 with regard to the reconstruction of the

compound wall of the water channel and on receipt of a detailed reply WP(C) NO. 6793 OF 2022

submitted by the petitioner, no further action had been taken thereon. It is

submitted that the petitioner has now been served with Ext.P14 notice

stating that the petitioner has effected unauthorized constructions on the

boundary wall. It is submitted that the order requiring the petitioner to

remove the construction is issued without hearing the petitioner and

without considering his contentions.

4. The learned counsel for the Municipality submits that Ext.P14 is

only a notice and that the objections, if any, to be submitted by the

petitioner will be considered before further action is taken on the same.

5. Having considered the contentions advanced, I am of the opinion

that since the petitioner has submitted that he has factual contentions to

raise with regard to the matter stated in Ext.P14 notice, follow up action in

terms of Ext.P14 can be taken only after putting the petitioner on notice

and after hearing him. Ext.P14 will, therefore, be construed as a show-

cause notice. The petitioner shall submit his reply to Ext.P14 within a

period of two weeks from the date of receipt of a copy of this judgment.

The petitioner's reply shall be considered and the petitioner shall be put WP(C) NO. 6793 OF 2022

on notice and heard and orders passed before any further action is taken

on the basis of Ext.P14.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 6793 OF 2022

APPENDIX OF WP(C) 6793/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PETITIONER DATED 10.04.2017 EXHIBIT P2 A TRUE COPY OF THE RECOGNITION CERTIFICATE OF THE SCHOOL DATED 05.11.2005 EXHIBIT P3 A TRUE COPY OF THE TAX PAID RECEIPT DATED 04.09.2020 EXHIBIT P4 A TRUE COPY OF THE SKETCH OF THE PROPERTY AND THE WATER CHANNEL EXHIBIT P5 A TRUE COPY OF THE PHOTOGRAPHS OF THE BOUNDARIES ON EITHER SIDE OF THE WATER CHANNEL.

EXHIBIT P6 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 09.09.2014 EXHIBIT P7 A TRUE COPY OF THE REPLY GIVEN BY THE MUNICIPALITY DATED 07.10.2014 EXHIBIT P8 A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DATED 31.03.2017 EXHIBIT P9 A TRUE COPY OF THE REPLY SEND BY THE PETITIONER TO THE 1ST RESPONDENT DATED 10.04.2017 EXHIBIT P10 A TRUE COPY OF THE DETAILED REPLY FILED BY THE PETITIONER DATED 04.05.2017 EXHIBIT P11 A TRUE PHOTOGRAPH OF THE NEW BOUNDARY WALL CONSTRUCTED AFTER RELINQUISHING THE PROPERTY.

EXHIBIT P12 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE FENCE CONSTRUCTED BY THE PETITIONER EXHIBIT P13 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC. NO.19279/2020 DATED 12.10.2021 EXHIBIT P14 A TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 10.02.2022 RESPONDENTS' EXHIBITS: NIL