Aniyamma Joseph vs Secretary
2022 Latest Caselaw 2858 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
 WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
                         WP(C) NO.3700 OF 2022
PETITIONER :-

             ANIYAMMA JOSEPH, AGED 63 YEARS
             W/O. JOSEPH, CHERIYAPARAMBIL HOUSE,
             CHANGANASSERY P.O, VAZHAPALLY EAST VILLAGE,
             KOTTAYAM DISTRICT - 682 101

             BY ADV GIKKU JACOB


RESPONDENTS :-

     1    SECRETARY,
          CHANGANACHERRY MUNICIPALITY, CHANGANASSERY P.O,
          KOTTAYAM - 686 101

     2    CHANGANACHERRY MUNICIPALITY
          REPRESENTED BY ITS SECRETARY, CHANGANASSERY P.O,
          KOTTAYAM - 686 101

     3    SUB DIVISIONAL MAGISTRATE
          COLLECTORATE P.O, KOTTAYAM - 686 002

     4    BABBYCHEN, AGED 56 YEARS
          S/O. KUNJACHAYAN @ IMMACULATE, MULLASSERIL HOUSE,
          KADAMCHIRA P.O, THRIKKODITHANAM VILLAGE,
          CHANGANASSERY, KOTTAYAM - 686 105

     5    STATE OF KERALA REPRESENTED BY SECRETARY,
          DEPARTMENT OF MUNICIPAL CORPORATION, SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001

             BY SMT.VINITHA B, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   16.03.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.3700 OF 2022

                                   -: 2 :-


                              JUDGMENT

Dated this the 16th day of March, 2022

This writ petition is filed seeking the following relief :-

"(i) To issue a writ of Mandamus or writ of similar nature or order or direction, directing the 1st respondent to pass orders on Exhibit P1 and 3 rd respondent to pass orders on Exhibit P4 in accordance with law."

2. Heard the learned counsel for the petitioner, the learned

Government Pleader as well as the learned counsel appearing for

the 1st respondent Municipality.

3. The learned counsel for the petitioner submits that the

petitioner is the owner in possession of 10.254 cents of land within

the jurisdiction of the 1st respondent Municipality. It is submitted

that the 4th respondent who is the immediate neighbour of the

petitioner is conducting a chicken and meat stall in his premises in

a room unauthorisedly constructed in violation of the Kerala

Municipality Building Rules. It is submitted that the petitioner had

approached the civil court and had obtained Ext.P2 order of

injunction which has also not been complied with by the 4 th

respondent. The petitioner preferred Ext.P1 complaint before the

1st respondent and has also approached the 3 rd respondent with

Ext.P4 complaint.

4. Having considered the contentions advanced and in view

of the complaints submitted by the petitioner, I am of the opinion WP(C) NO.3700 OF 2022

that it is for the 1st and 3rd respondents to take an appropriate

decision with notice to the petitioner, the 4 th respondent and any

other affected parties.

There will, accordingly, be a direction to the 1st

respondent to take up Ext.P1 complaint submitted by the petitioner

with notice to the petitioner as well as the 4 th respondent and to

consider and pass orders on the same within a period of two weeks

from the date of receipt of a copy of this judgment. The 3 rd

respondent shall also take up Ext.P4 complaint submitted by the

petitioner and shall consider the same with notice to the 4 th

respondent, the petitioner as well as the 1 st respondent and shall

take appropriate action in the matter in accordance with law.

Appropriate proceedings shall be initiated within a period of one

month from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/22.3.2022 WP(C) NO.3700 OF 2022

APPENDIX OF WP(C) 3700/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 6-08-2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P2 TRUE COPY OF THE ORDER IF INJUNCTION DATED 10-

08-2021 IN I.A NO. 1/2021 IN O.S NO. 171/2021 OF MUNSIFF COURT, CHANGANASSERY

Exhibit P3 TRUE COPY OF THE PROSECUTION PETITION DATED 23-

09-2021 IN O.S NO 171/2021 BEFORE THE MUNSIFF COURT, CHANGANASSERY

Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 27-1-2021 FILED BEFORE THE 3RD RESPONDENT

Exhibit P4(a) TRUE COPY OF THE ACKNOWLEDGEMENT FOR EXHIBIT P4