Sanoob P.T vs Valanchery Municipality
2022 Latest Caselaw 3156 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 18TH DAY OF MARCH 2022 / 27TH PHALGUNA, 1943
                        WP(C) NO. 7297 OF 2022
PETITIONER:

          SANOOB P.T.,
          AGED 36 YEARS
          S/O. MAMMIKUTTY HAJI, PANATHODY HOUSE, BAVAPPADY,
          VALANCHERY P.O, MALAPPURAM DISTRICT 676 552.

          BY ADV LATHEESH SEBASTIAN



RESPONDENTS:

    1     VALANCHERY MUNICIPALITY,
          MUNICIPA; OFFICE, VALANCHERY P.O, MALAPPURAM DISTRICT-
          676 552, REPRESENTED BY ITS SECRETARY.

    2     THE SECRETARY,
          VALANCHERY MUNICIPALITY, MUNICIPAL OFFICE, VALANCHERY
          P.O, MALAPPURAM DISTRIC-676 552

    3     THE ASSISTANT ENGINEER,
          ENGINEERING SECTION, VALANCHERY MUNICIPALITY, MUNICIPAL
          OFFICE, VALANCHERY P.O, MALAPPURAM DISTRICT-676 552

          BY ADV SHRI.MILLU DANDAPANI, SC, VALANCHERY
          MUNICIPALITY




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7297 OF 2022

                                         2


                                  JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) Call for the records relating to Ext.P1 to P4 from the respondents

ii) issue a writ of mandamus or any other writ, direction or order directing the respondents 2 and 3 to permit the petitioner to construct bridge across the water channel vested with the 1 st respondent as sought for in Ext.P2 as expeditiously as possible or within a time limit as fixed by this Hon'ble Court after affording an opportunity of hearing to the petitioner."

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 had submitted an application for construction of a slab over a

water channel for access to his property. The same has been rejected by

Ext.P3 on the ground that the construction has to comply with the DSR

specification and that it can be carried out only under the supervision of

the engineering division of the Municipality. The petitioner submits that

he has absolutely no objection to that contention. However, it is further WP(C) NO. 7297 OF 2022

stated in Ext.P3 that the petitioner has not submitted the details of the

application for building permit in the request he has made before the

Secretary. The learned counsel for the petitioner submits that the

petitioner has not submitted any application for building permit and

that it is only for access to his property that he requires the construction

of the slab over the water channel. It is submitted that in case there is

any discrepancy in the application submitted by the petitioner, the same

may be pointed out to the petitioner and the same will be rectified by the

petitioner.

In the above view of the matter, this writ petition is disposed of. In

case the application submitted by the petitioner for construction of the

slab over the water channel, the 2 nd respondent shall inform the

petitioner as to the defect, if any, and permit the petitioner to cure such

defect. The application shall be considered by the 2 nd respondent, in

accordance with law after obtaining due reports form the 3 rd respondent

and the construction shall be permitted under the supervision of the 3 rd

respondent. However, the condition in Ext.P3 that the petitioner should

submit the details of the building permit shall not be insisted upon since, WP(C) NO. 7297 OF 2022

admittedly no building permit is sought for by the petitioner.

Appropriate steps shall be taken on the application submitted by the

petitioner and orders passed within a period of three weeks from the

date of receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 7297 OF 2022

APPENDIX OF WP(C) 7297/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 21.01.2022 ISSUED FROM THE KATTIPARUTHY VILLAGE.

Exhibit P2 TRUE COPY OF THE APPLICATION OF THE PETITIONER DATED 20.10.2021 ALONG WITH THE PLAN.

Exhibit P3 TRUE COPY OF THE NOTICE OF THE 3RD RESPONDENT DATED 10.11.2021.

Exhibit P4 TRUE COPY OF THE NOTICE OF THE 1ST RESPONDENT ISSUED ON 18.01.2019